IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9031 of 2024 Date of Decision: 14.05.2025 _______________________________________________________ Anil Kumar …….Petitioner Versus State of Himachal Pradesh & others … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Chitranjan Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State. Mr. Rajesh Kosh, Advocate, for respondent No.4. _______________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main relief:- “ i). That a writ in the nature of certiorari may kindly be issued and respondents be directed to consider the case of the petitioner to regularize w.e.f.01.04.2014 as the petitioner completed the mandatory period of 7 years as daily wage service with 240 days in calendar year on 31.3.2014; ii). That a writ in the nature of certiorari may kindly be issued and the respondents be directed to count daily wage service period w.e.f.29.05.2006 to 23.12.2014 as per the decision dated 08.03.2018 passed in Civil Appeal No.6309 of 2017 and 1Whether the reporters of the local papers may be allowed to see the judgment? 2 judgment dated 11.10.2023 passed in LPA No.196/2022 titled as Roop Lal vs. State of Himachal Pradesh and others; iii) That a writ in the nature of certiorari may kindly be issued and respondents be directed to process the pension case of the petitioner in accordance with the CCS(Pension) Rules , 1972 as petitioner adopted Old Pension Scheme in view of the Office Memorandum dated 4.5.2023 and amendments made in the Central Civil Services (Pension) Rules 1972 vide notification No. Fin(Pen)A(3)1/2023 Dated 4th May, 2023.” 2. Though, by way of filing reply, respondent Nos. 1 to 3 have refuted the claim of the petitioner, but before the issue raised in the instant petition could be heard and decided on its own merit, learned counsel representing the petitioner, while referring to judgment dated 11.10.2023 passed by Division Bench of this Court in LPA No.196 of 2022, titled as Roop Lal vs. State of Himachal Pradesh and others, states that issue sought to be decided in the instant proceedings already stands adjudicated in the afore judgment and as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider and decide the case of the petitioner in light of afore judgment, in a time bound manner. Learned Additional Advocate General representing the respondents/State and Mr. Rajesh Kosh, Advocate representing respondent No.4, are not averse to aforesaid innocuous prayer made on behalf of the petitioner. 3 3. Having perused the averments contained in the petition as well as relief prayed therein vis-à-vis judgment sought to be relied upon, this Court finds that the issue raised in the instant petition already stands adjudicated by Division Bench of this Court and as such, no prejudice would be caused to either of the parties, if the respondents are directed to consider and decide the case of the petitioner in light of judgment supra. 4. Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in light of Roop Lal case (supra) expeditiously, preferably within a period of four weeks. Needless to say, authority concerned while doing the needful in terms of instant order shall afford an opportunity of being heard to the petitioner and pass appropriate order and in case, petitioner is found similarly situate to the petitioner in afore judgment, he shall also be granted similar benefits. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, if he still remains aggrieved. Pending application(s), if any, also stands disposed of (Sandeep Sharma), Judge May 14, 2025 (shankar)