VISHAL KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/11275/2025 · 2025-07-15
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20003 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20003 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11275 of 2025 Date of Decision: 15.07.2025 _____________________________________________________________________ Vishal Kumar and Ors. ……...Petitioners Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Yogesh Kumar Chandel, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioners have prayed for the following main relief:-
“(i) That the writ in the nature of mandamus may kindly be issued to the respondent department by directing them to grant the petitioners the benefits of Higher Pay Stage by fixing the pay of the petitioners @ Rs.47,000/- per month as on 04.10.2019 along with all consequential benefits including arrears of pay by getting fixation @ Rs.47,000/- per month as on 04.10.2019 along with interest on delayed payment of higher pay stage benefit.”
2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioners, states that issue raised in the instant proceedings already stands adjudicated by
this Court in CWP No. 4830 of 2023, titled as “Inder Singh Thakur and Ors. v. State of Himachal Pradesh and Anr (alongwith connected matter), decided on 7.4.2025 and as such, petitioners would be content and satisfied in case directions are issued to the respondents to consider and decide their representation in light of aforesaid judgment in a time bound manner. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. While accepting notice on behalf of the respondents, learned Deputy Advocate General, fairly states that representation (Annexure P-6) filed by the petitioners, if not already decided, shall be decided expeditiously. 4.
Having perused averments contained in the petition, which are duly supported by an affidavit vis-a-vis judgment sought to be relied upon, this Court finds that issue raised in the instant proceedings already stands adjudicated by this Court in Inder Singh Thakur (supra), as such, there appears to be no impediment in issuing direction to the respondents to consider and decide the representation of the petitioners in light of aforesaid judgment in a time bound manner. 2
5. Consequently, in view of the above, the present petition is
disposed of with a direction to the respondents to consider and decide the representation (Annexure P-6) of the petitioners in light of
judgment, as detailed hereinabove, expeditiously, preferably within a period of six weeks. In case, petitioners are found to be similarly situate to the petitioners in the aforesaid judgment, they would be extended similar benefits. Needless to say, authority concerned, while doing the needful in terms of the instant order, shall afford an opportunity of hearing to the petitioners and pass speaking order thereupon. All pending applications stand disposed of. July 15, 2025
(Sandeep Sharma), (sunil) Judge 3