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2025 DAILYLAW 20378 (HP)

AVTAR SINGH AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/9374/2024 · 2025-07-24

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9374/2024 Decided on: 24.07.2025 Avtar Singh & Ors. …Petitioners Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Vinod Thakur, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, J With the consent of learned counsel for the parties, the matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs: - “ (i) That an appropriate writ, order or direction may kindly be issued and the communication dated 20.04.2022 (Annexure P-3) may kindly be quashed and set aside. (ii) That the writ in the nature of mandamus may kindly be issued directing the respondents to grant incremental benefits in favour of petitioners and further directing the respondents to grant all consequential benefits in favour of the petitioners and all arrears be paid to the petitioners along with 9% interest.” 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3. Under interim order dated 05.09.2024 passed in this petition, operation of impugned order dated 20.04.2022 (Annexure P- 3) was stayed. 4. Learned counsel for the petitioners submitted that the issue involved in this writ petition is covered by Ranjit Singh & Ors. Vs. State of H.P. & Ors.2 and Surya Prabha & Ors. Vs State of H.P. & Ors3. Learned counsel further submitted that petitioners would be content in case, they are permitted to submit their respective representations to the respondents/competent authority, whereafter, the respondents/competent authority, be directed to decide the representations to be made by them, in accordance with law and in light of above decisions, in a time bound manner. Learned Assistant Advocate General has no objection to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matters, this writ petition is disposed of by permitting the petitioners to make their respective representations to the respondents/competent authority, within a period of two weeks from today, who shall in turn, consider and decide the same, in accordance with law and in terms of above decisions, within a further period of eight weeks. The order so passed be also communicated to the petitioner(s). Till the decision of the representations, no coercive 2 CWP No. 2500/2021 a/w connected matters decided on 07.07.2023 3 CWP No. 5390/2024 decided on 28.05.2025 3 steps shall be taken against the petitioners pursuant to Annexure P-3 dated 20.04.2022. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 24th July, 2025(rohit)