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2025 DAILYLAW 22664 (HP)

RAJEEV KUMAR v. THE STATE OF HP AND OTHERS

CWP/13000/2025 · 2025-08-12

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13000 of 2025 Decided on: 12th August, 2025 ------------------------------------------------------------------------------------- Rajeev Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Hirdaya Ram and Mr. Rajendera Gulati, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.1 and 2. Mr. Susheel Gautam, Advocate, for respondents No.3 and 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Mr. Susheel Gautam, learned counsel, appear and waive service of notice on behalf of respondents No.1 & 2 and respondents No.3 & 4, respectively. Considering the impugned order dated 16.12.2024 and the order being passed hereinafter, reply is not required to be called from the respondents. 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner had instituted Rajeev Kumar Versus State of H.P. and others2, seeking regularization of his contractual services alongwith other benefits on the analogy of State of Himachal Pradesh and others Versus Sh. Sant Ram and another3. The writ petition was disposed of with direction to the respondents to consider and decide the representation of the petitioner within the period indicated in the order. Pursuant thereto, respondents No.3 and 4 passed an order on 16.12.2024 (Annexure P-2) with the observation that no further action can be taken on the representation of the petitioner till the final outcome of Special Leave Petition (Diary) No.10840 of 2024, pending before the Hon’ble Apex Court in matter of Sh. Sant Ram. 4. Learned counsel for the parties jointly submit that the aforesaid Special Leave Petition has been dismissed by the Hon’ble Apex Court alongwith lead case The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.4. Learned counsel for the petitioner submits that the case of the petitioner and the reliefs claimed by him including against the impugned order dated 2 CWP No.6850 of 2024, decided on 22.07.2024 3 LPA No.153 of 2023, decided on 07.10.2023 4 Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025 3 16.12.2024 (Annexure P-2) have already been considered and decided in Vinay Kumari Versus State of H.P. & Ors.5. The said writ petition was disposed of with direction to the respondents to consider the case of the petitioner therein for regularization of her services from due date in accordance with law laid down in Sh. Sant Ram and Anr. Vs. State of H.P. and Ors.6 and Bhpinder Singh Mehta and Ors. Vs. State of Himachal Pradesh and Ors.7 within six weeks. Learned counsel for the petitioner further submits that the petitioner would be satisfied in case the respondents are directed to examine his case in light of the aforesaid judgment in Vinay Kumari5 within a fixed time schedule. Learned counsel appearing for the respondents are not averse to this prayer. 5. In view of above, notwithstanding the impugned order dated 16.12.2024 (Annexure P-2), this writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the case of the petitioner in accordance with law as well as taking into consideration the above judgment in the case of Vinay Kumari5 by passing appropriate orders, within a period of six weeks 5 CWP No.7990 of 2025, decided on 06.08.2025 6 CWPOA No.3562 of 2019, decided on 06.09.2022 7 CWPOA No.2979 of 2020, decided on 18.03.2025 4 from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 12, 2025 Judge Mukesh