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2025 DAILYLAW 22943 (HP)

ASHOK KUMAR AND OTHERS v. STATE OF HP AND ANOTHER

CWP/15044/2024 · 2025-01-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15044 of 2024 Date of decision: 07.01.2025 Ashok Kumar & Ors. ...Petitioners. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Desh Raj Thakur, Advocate. For the respondent : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This petition has been filed for grant of following substantive relief(s): - “(a) Appropriate writ or direction to the respondents to regularize the services of the petitioners with effect from 01.10.2021 in terms of the policy decision dated 28.12.2021 (Annexure P-6) and in the alternative the petitioners be held entitled for regularisation from the date the clerks and forest guards governed by the same set of rules/policy have been regularised on 30/31.12.2021 in terms of Annexure P-9 and P-10 with all consequential benefits. b. Appropriate writ or direction to the respondents to consider the petitioners appointed for the purpose of higher pay stage fixation in terms of notification dated 06.09.2022 and to fix the pay 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- of the petitioners at higher pay stage at Rupees 37,600/- from the date of completion of 2 years regular services with the further direction to release the arrears of salary along with interest @ 9% per annum on delayed payment.” 3. Learned counsel for the petitioners submitted that the issue involved and the relief prayed for by the petitioners has already been adjudicated in Mohit Sharma and Anr. Vs. State of H.P. and Others1. Learned counsel for the petitioners states that the petitioners would be content if the case of the petitioners is 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 matter, this petition is disposed of by directing the respondents to consider the case of the petitioners in light of the aforesaid judgment and pass appropriate orders 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 petitioners. 1CWP No. 1638 of 2024, decided on 29.11.2024. -3- Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 7th January, 2025 Judge (Pardeep)