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2025 DAILYLAW 24159 (HP)

ANIL KUMAR v. THE STATE OF HP AND OTHERS

CWP/13912/2025 · 2025-08-29

Satyen Vaidya

body2025

Judgment text

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Neutral Citation No. ( 2025:HHC:29393 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13912 of 2025. Date of decision: 29.08.2025. Anil Kumar …..Petitioner. Versus The State of Himachal Pradesh and others …..Respondents. Coram The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Naresh Kaul and Ms. Sheetal Kaul, Advocates. For the Respondents : Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General and Mr. Rajat Chaudhary, Assistant Advocate General. Satyen Vaidya, Judge ( Oral ) Notice. Mr. Rajat Chaudhary, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents. 2. The instant petition has been filed for following substantive reliefs:- “a) That a writ in the nature of mandamus 'or' any other appropriate writ order 'or' direction may be issued thereby directing the respondents to grant/release the 2nd and 3rd 1Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 Neutral Citation No. ( 2025:HHC:29393 ) financial enhancement/up-gradation under the new Assured Career Progression Scheme (4-9-14) on completion of 09 years of service 14 years of service in the cadre of LT (Language Teacher) from the due date i.e. 23.05.2015 and 23.05.2020 in terms of the instructions dated 09.08.2012, 07.07.2014 and 09.09.2014 (Annexure P-1 Colly.) along with all consequential benefits to the petitioner, in the interest of law and justice. b) That the respondents may be directed to release the interest @ 9% per annum upon the arrears after granting relief no. (a) supra, in the interest of law and justice. c) That during the pendency of the writ petition the respondents may directed to consider and decide the representation dated 13.07.2025 (Annexure P-4), in view of the judgment passed in CWPOA No. 5536 of 2020, titled as Sanjay Kumar vs. State of H.P. & Ors. a/w connected matters decided on 01.11.2023 (Annexure P-2) which stands implemented on 12.06.2024 (Annexure P-3), in the interest of law and justice.” 3. Learned counsel for the petitioner has submitted that the issue arising in the instant petition has already been settled by the Hon’ble Division Bench of this Court vide judgment dated 01.11.2023 passed in CWPOA No.5536 of 2020 titled as Sanjay Kumar vs. State of Himachal Pradesh and others along with connected matters. He submits that the petitioner has already made a representation to the competent authority and he will be satisfied, at this stage, in case the competent authority i.e. respondent No.3 is 3 Neutral Citation No. ( 2025:HHC:29393 ) directed to decide the representation of the petitioner in a time bound manner, in terms of judgment in Sanjay Kumar (supra). 4. The prayer being innocuous is allowed. Respondent No.3 is directed to consider and decide the representation of the petitioner dated 13.07.2025 (Annexure P-4) within a period of eight weeks from today by passing a detailed and reasoned order, strictly in terms of judgment passed by the Hon’ble Division Bench in CWPOA No.5536 of 2020 titled as Sanjay Kumar vs. State of Himachal Pradesh and others along with connected matters. Needless to say, in case the petitioner is found similarly situated to the petitioner in CWPOA No.5536 of 2020, he shall be given all the benefits as have been granted to the petitioner in CWPOA No.5536 of 2020 within a further period of four weeks. 5. The petition is disposed of in the aforesaid terms, so also the pending applications, if any. (Satyen Vaidya) Judge 29th August, 2025. (krt)