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2025 DAILYLAW 23375 (HP)

SHIV KUMAR v. STATE OF HP AND ORS

CWP/13506/2025 · 2025-08-25

Satyen Vaidya

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13506 of 2025 Date of decision: 25.08.2025 Shiv Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Mr. M.A. Safee, Advocate. For the respondents : Mr. Vishwadeep Sharma, Additional Advocate General. Satyen Vaidya, Judge (Oral): Notice. Mr. Vishwadeep Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This petition has been filed for grant of following reliefs: - “i) That a writ in the nature of Mandamus may kindly be issued directing the Respondents to extend the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by her on contract basis as having been appointed prior to 03.01.2022, in terms of Rule 7A, as incorporated vide Notification dated 06.09.2022, and he be granted the Higher Stage of Pay i.e. 37600/- from the date he has completed two years of regular service, as has been held by the Hon'ble High Court in Mohit Sharma Case (Supra). ii) That the respondents be also directed to release the arrears of pay after fixing his pay @ Rs.37600/- w.e.f. the date he had completed two 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- years of regular service along with interest @ 9% p.a.” 3. Learned counsel for the petitioner submitted that the issue involved and the relief prayed for by the petitioner has already been adjudicated upon by a judgment passed in Mohit Sharma and Anr. Vs. State of H.P. and Others2. Learned counsel for the petitioner states that the petitioner would be content if the case of the petitioner 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 petitioner 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 petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. (Satyen Vaidya) 25th August, 2024 Judge (Pardeep) 2CWP No. 1638 of 2024, decided on 29.11.2024.