IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15958 of 2024 Decided on: 8th October, 2025 ------------------------------------------------------------------------------------- Dr. Madhvi Prashar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vijay Kumar, Advocate vice Mr. Sanjeev Kumar Suri, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 and 2. Mr. Deepak Sharma, Advocate, for respondents No.3 and 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, the matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs:- “A. That order dated 09-08-2024(Annexure P-30),whereby claim raise by the petitioner by way of representation for taking over her service as Assistant Professor (English) with effect from the date of notification regarding the takeover of Jawalaji Degree College, 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Jawalmukhi, i.e. 08-06-2016 along with all consequential benefits has been rejected may kindly be quashed and set aside. B. That respondents may kindly be directed to Absorb the services of the petitioner as Assistant Professor (English) with effect from the date of notification regarding the takeover of Jawalaji Degree College, Jawalmukhi, i.e. 08-06-2016 along with all consequential benefits, including Arrears of salary, Annual increments, Pay fixation as per applicable rules, Seniority in service, any other attendant benefits. Further, direct the respondents to pay interest at the rate of 9% per annum on the aforementioned monetary benefits; OR, in the alternative, absorb the services of the petitioner as Assistant Professor (English) with effect from 28-08-2017, being the date when the services of other teachers of the said college were taken over, along with all consequential benefits as enumerated in prayer (a) above, including interest at 9% per annum. C. Issue a writ, order, or direction in the nature of mandamus, directing the respondents to consider and treat the appointment of the petitioner as effective from 08-06-2016, being the initial date of takeover of the erstwhile Jawalaji Degree College, Jawalamukhi, District Kangra, H.P., thereby granting: (i) Arrears of salary (ii) Consequential seniority (iii) All other attendant benefits accruing therefrom along with interest.” 3. Learned vice counsel appearing for the petitioner submitted that the case of the petitioner and the reliefs prayed for by her have already been adjudicated upon in Naveen Nischal Sood & Ors. Versus State of H.P. & Ors.2. Learned vice counsel further submits that the petitioner would be content in case the respondents are directed to examine her case in light of the aforesaid 2 CWPOA No.2050 of 2020, decided on 14.09.2023 3 judgment within a fixed time schedule. Learned counsel appearing for the respondents are not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to respondent No.2/ 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 Naveen Nischal Sood2 by passing appropriate order, within a period of six weeks 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 October 08, 2025 Judge Mukesh