SARLA KUMARI AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/12861/2025 · 2025-08-11
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22657 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22657 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12861 of 2025
Date of Decision: 11.08.2025 _________________________________________________________ Sarla Kumari & others
……...Petitioners
Versus
State of Himachal Pradesh & Ors. …....Respondents
Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?
For the Petitioners: Mr. Naresh Kaul and Ms. Sheetal Kaul, Advocates.
For the respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocate General.
_________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioners have prayed for the following main reliefs:
“(i) That a writ in the nature of mandamus may kindly be issued directing the respondents to fix the pay of the petitioner with additional 3% promotional increment benefit as 'Head Teacher' as per the provisions of FR 22(1)(a)(1) of FRSR with all consequential benefits alongwith interest @9% per annum, in view of the law laid down vide
judgment dated 28.05.2025 passed in CWP No. 5390/2024 titled as Surya Prabha & Ors. Vs State of H.P. & Ors. (Annexure P-5) by this Hon'ble Court, in clarification & thereby considering the verdict of CWP No. 2500/2021 & connected matter, titled as Ranjit Singh & Ors. Vs State of H.P. & Ors., when the respondents vide orders dated 19.09.2023 & 21/22.09.2023 (Annexure P-3) have decided to implement the same, in the interest of law and justice.
b) That a writ in nature of mandamus may be issued directing the respondents to consider and decide the representations dated
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08.06.2025( Annexure P5), during the pendency of the writ petition, in the interest of law and justice.”
2.
Before reply could be called for from the respondents,
learned counsel for the petitioners states that his clients would be content and satisfied in case directions are issued to the respondents to consider and decide representation of the petitioners in light of judgment dated 28.05.2025 passed in CWP No. 5390/2024 titled as Surya Prabha & Ors. Vs State of Himachal Pradesh & Ors., in time bound manner. Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made by the petitioners.
3.
Having perused aforesaid judgment sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue raised in the instant petition already stands adjudicated in the aforesaid judgment rendered by the Co-ordinate Bench of this Court and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide case of the petitioners in light of the aforesaid judgment.
4.
Consequently, in view of the above, present petition is
disposed of with a direction to the respondents to consider and decide representation of the petitioners (Annexure P-5) in light of Surya Prabha (supra), expeditiously, preferably, within four weeks from today. In case, petitioners are found to be similarly situate to the petitioner in the aforesaid judgment, they would be extended similar benefits. Needless to say, authority concerned while doing the needful in terms of
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the instant order shall afford an opportunity of hearing to the petitioners and pass speaking order thereupon. Pending application(s), if any, shall also stand disposed of.
August 11, 2025
(Sandeep Sharma), (shankar)
Judge