DEEPIKA KUMARI AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/11098/2024 · 2025-07-04
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22473 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22473 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP Nos. 11072 & 11098 of 2024
Decided on: 04.07.2025
1. CWP No. 11072/2024
Ravinder Kumar
…Petitioner
Versus
State of H.P. & Anr. .…Respondents. 2. CWP No. 11098/2024
Deepika Kumari & Ors. …Petitioners
Versus
State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner(s): Mr. Onkar Jairath, Advocate, in
both the petitions. For the respondent(s): Mr. Prashant Sharma, Advocate,
for respondent No.1, in CWP No.
11072/2024. Mr. Anup Rattan, Advocate
General with Mr. L.N. Sharma,
Additional Advocate General for
respondent No.2 in CWP No.
1 Whether reporters of the local papers may be allowed to see the judgment? yes
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11072/2024 and for all the
respondents in CWP
No.11098/2024. Jyotsna Rewal Dua , J
Even though the reply has not been filed, however, with the consent of learned counsel for the parties, the matters are heard at this stage. 2. These writ petitions have been filed for the grant of almost common substantive reliefs. Relief clause herein is extracted from CWP No. 11072/2024:-
“a. That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and setting aside the Impugned action of the Respondents, whereby the Regularization of the Petitioner has been delayed unnecessarily and has been regularized on and w.e.f. Order dated 29.09.2022 instead from September 2021, when the Petitioner completed his two years' service on contractual basis being patently illegal, arbitrary and unconstitutional besides the same being in violation to the settled law of the land.
b) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, order or directions directing the Respondents to regularize the services of the Petitioner w.e.f. September 2021, when the Petitioner completed his two years' service on contractual basis i.e. from the date the Regularization Policy was liberalized, along with all consequential benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 keeping in view the fact that the Petitioner has completed two years of contract service in the month of September, 2021 i.e. prior to 03.01.2022 as per the Regularization policy dated 28.12.2021 and the petitioner be accorded the benefit of Himachal Pradesh Civil Services Revised pay) Rules, 2022 after
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taking into account the services rendered by him on contract basis as having been appointed prior to 03.01.2022, as has been approved by the Cabinet on 14.10.2022. c) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to Grant Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs. 31200/-and fix their pay from due date i.e. after completion two years of regular service with all consequential benefits including the arrears along with interest @ 9%.”
3. Learned counsel for the petitioner(s) submitted that the issue involved and the reliefs prayed for by the petitioner(s) have already been adjudicated in Mohit Sharma and Anr. Vs. State of H.P. and others2. Learned counsel further submitted that the petitioner(s) would be content, if the cases of the petitioners are considered by the respondents in light of the aforesaid judgment within a time bound schedule. Learned Additional Advocate General has no objection to this prayer. 4. Having regard to above submissions but without examining the merits of the matters, these petitions are disposed of by directing the respondents to consider the cases of the petitioners in light of the aforesaid judgment and pass appropriate order in accordance with law within a period of six weeks from the date of receipt of copy of this order. The decision so arrived at, shall be communicated to the petitioner(s). 2CWP No. 1638 of 2024, decided on 29.11.2024
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Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua
Judge 4th July, 2025(rohit)