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2025 DAILYLAW 19388 (HP)

PAWAN KUMAR v. STATE OF HP AND OTHERS

CWP/10574/2024 · 2025-05-29

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10574 of 2024 Date of decision: 29.05.2025 Pawan Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Karan Singh Parmar, Advocate. For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Chaudhary, Assistant Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “i). That the writ in the nature of mandamus or any other directions may kindly be issued, to the respondents-to grant the benefits on completion of 9 years of regular service w.e.f. 01.01.2015 with all consequential benefits in terms of the notification dated 09.08.2012 & instructions dated 07.07.2014 & 09.09.2014. therefore the Benefit that has been granted in CWP(OA) 5536/2020 may very kindly be granted in the favor of the Petitioner. -2- ii. That Writ in the nature of mandamus or any other appropriate writ order or directions may be issued to directing the Respondents to also pay the consequential benefits on completion of 9 years of service along with interest @9% per annum.” 3. Learned counsel for the petitioner submitted that the case of the petitioner and the reliefs prayed for by him has already been considered & adjudicated upon in Sanjay Kumar vs. State of H.P. & Ors.1. Learned counsel for the petitioner also submits that representation (Annexure P-7) preferred by the petitioner, for claiming the above reliefs is pending consideration with the respondents. Learned counsel further submits that the petitioner would be content in case the respondents/competent authority is directed to decide the aforesaid representations within a fixed-time schedule. Learned counsel appearing for the respondents is not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the aforesaid representation of the petitioner in accordance with law as well as taking into 1CWPOA No.5536 of 2020 decided on 01.11.2023 along with connected matters. -3- consideration the above judgments in the case of Sanjay Kumar1 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 29th May, 2025 Judge (Pardeep)