1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10456 of 2024 Date of decision: 05.09.2025 Anamika. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Yuyutsu Singh Thakur, Advocate. For the respondents : Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner seeks counting of her contractual service for the purpose of pensionary benefits as well as annual increments along with consequential benefits. The claim has been made on the strength of decision rendered in State of H.P. & Anr. Vs. Sheela Devi1. 2. Respondents in their reply have admitted petitioner’s claim of counting contractual service for the purpose of pension in light of Sheela Devi1. Thus, the grievances of the petitioner have partly been redressed in respect of petitioner’s claim of counting contractual service for 1SLP (C) No.10399 of 2020 decided on 07.08.2023. -2- the purpose of pension. The respondents have invoked the provisions of the Himachal Pradesh Recruitment and Condition of Service of Government Employees Act, 2024, for denying petitioner’s claim of counting contractual service for the purpose of annual increments. Relevant paras from the reply are extracted hereinafter:- “2. That petitioner Smt. Anamika was appointed as Steno typist on contract basis in the office of respondent No.3 i.e. S.P. Chamba on compassionate grounds with the approval of H.P. Govt. vide order dated 13.02.2009 (Annexure R-2/1). It is pertinent to mention here that as per Government of H.P. Office Memorandum dated 10.06.2024 (Annexure R-2/2) there is no provision available to grant annual increment to the contractual employees for the contractual services rendered by them. However, there is only provision for counting the contractual services for the purpose of pensionary benefits. Pursuant to the Office Memorandum dated 10.06.2024 (Annexure R-2/2), the contractual services of the petitioner w.e.f. 13.02.2009 to 16.06.2015 have been ordered to be counted for pensionary benefits under the CCS (Pension) Rules 1972 as per the option exercised by the petitioner vide order dated 22.08.2024 (Annexure R-2/3). Thus the grievance of the petitioner has been redressed and as such the present petition deserves to be dismissed being devoid of any merits. 3. That it is further submitted that the State Government has enacted the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024. Pursuant thereto, all notification/speaking orders in respect of counting of contractual services stood withdrawn vide notifications dated 27.02.2025 and 03.03.2025. However, the constitutionality of the Act and the said notifications are challenged before the Hon’ble High Court in CWP No.3361 of 2025 titled Devinder Kumar & Ors. Vs State of H.P. & Ors., which is pending adjudication. In view of the foregoing facts and circumstances the petitioner is not entitled for annual -3- increments of the contractual period with all consequential benefits.” 3. Learned counsel for the petitioner submits that in view of above stand of the respondents, this writ petition be disposed of at this stage, however, liberty be reserved to the petitioner to seek appropriate remedy in accordance with law for the redressal of her surviving grievance with respect to counting of contractual service for the purpose of annual increments at an appropriate stage. Ordered accordingly. In view of stand taken by the parties, the writ petition stands disposed of with liberty as prayed for. All pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 5th September, 2025 Judge (Pardeep)