2025:HHC:31218 1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.606 of 2022 Date of decision: 11.09.2025 Bindu Jaryal. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. P.K. Verma, Advocate vice Mr. K.B. Khajuria, Advcoate. For the respondents : Mr. Y.P.S. Dhaulta and Mr. L.N. Sharma, Additional Advocates General. Jyotsna Rewal Dua, Judge CMP No.22052 of 2025 Allowed and to stand disposed of. CWP No.606 of 2022 With consent of the learned counsel for the parties, matter is heard at this stage. Petitioner was a left-out case of appointment as Staff Nurse. This error though was later on rectified by the respondent and she was appointed but on notional basis. 2. Petitioner’s surviving grievance relates to her having not been conferred the benefit of notional appointment towards seniority, pay fixation and increments. -2- 2025:HHC:31218 3. Heard learned counsel for the parties and considered the case file. 3(i) Respondents initiated a process for filling up several posts of Staff Nurses on batch-wise basis in the year 2019. Petitioner’s name was also sponsored by the concerned Employment Exchange. She participated in the counselling process. Vide office order dated 27.08.2019 (Annexure P-1) candidates named therein were offered appointment as Staff Nurses through batch-wise basis. According to the petitioner, she belonged to a higher batch than some of those who were offered appointment under the aforesaid office order, yet appointment was denied to her. Feeling aggrieved, petitioner preferred CWP No.4487 of 2019. During pendency of the writ petition, respondents appointed her as Staff Nurse on 03.01.2020 alongwith four others including one Ms. Poonam Devi. Taking note of the appointment of the petitioner, the writ petition was disposed of on 28.12.2021. 3(ii) In the office order dated 03.01.2020 (Annexure P-3) not only the petitioner but four others including Ms. Poonam Devi were appointed as Staff Nurse through batch-wise basis being left out cases. -3- 2025:HHC:31218 Ms. Poonam Devi instituted CWP No.4443 of 2019 with the grievance that her’s was a left-out case along with four other similarly situated persons. That she was offered appointment on 03.01.2020 and had joined accordingly but she is entitled to service benefits from the date when similarly situated person were appointed. The writ petition was allowed on 04.01.2022 with following directions: “In view of the aforesaid observations, we deem it proper to dispose of the petition with the following directions: i) Respondents are directed to treat the petitioner to have been appointed in service notionally from the date when her juniors came to be appointed from the same selection process. ii) However, the monetary benefits will be payable to the petitioner only from the date when she has actually joined the department. iii) The period between notional appointment and the actual appointment shall count towards seniority and also increments and her pay shall be fixed accordingly. In other words, the petitioner shall be entitled to salary, as is being drawn by other similar situate persons in the same selection process from the date they join or have joined services.” On the analogy of benefits given to Ms. Poonam Devi pursuant to judgment dated 04.01.2022 in CWP No.4443 of 2019, petitioner has instituted this writ petition seeking -4- 2025:HHC:31218 notional benefit of seniority, pay fixation and increments w.e.f. her notional appointment as Staff Nurse. 4. Respondents have filed an affidavit placing on record an office order dated 20.04.2022 in terms of which the petitioner alongwith other four incumbents including Ms. Poonam Devi has been shown to have been appointed on notional basis w.e.f. 27.09.2019, i.e. the date of appointment of her juniors as Staff Nurse. Petitioner’s surviving grievances are that the office order dated 20.04.2022 does not specifically and clearly extend the benefit of notional seniority, pay fixation and increments in favour of the petitioner for the period in question i.e. from the date she was notionally appointed till the date of her actual appointment. In view of the directions issued in CWP No.4443 of 2019 and their acceptance by the respondents, petitioner’s contentions carry force. Conferment of notional appointment will certainly entitle the petitioner to notional seniority, pay fixation etc. from the date of notional appointment till her actual appointment. In fact, petitioner’s claim has even otherwise not been seriously opposed by the respondents in their reply. -5- 2025:HHC:31218 In view above, this writ petition is disposed of by directing the respondents to notionally count the period of notional appointment of the petitioner towards her seniority, pay fixation and increments till her actual appointment & conferment of actual service benefits. The writ petition stands disposed of in the above terms. All pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 11th September, 2025 Judge (rupsi)