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2025 DAILYLAW 25267 (HP)

KALPANA THAKUR AND OTHERS v. THE STATE OF HP AND ANOTHER

CWP/14550/2025 · 2025-09-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14550/2025 Decided on: 08.09.2025 Kalpana Thakur & Ors. …Petitioners Versus State of H.P. & Anr. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Vikas Rajput, Advocate. For the respondents: Mr. Rajat Choudhary, Deputy Advocate General. Jyotsna Rewal Dua, J Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Kalpana Thakur & Ors. Vs. State of H.P. & Anr.2 was instituted by the petitioners seeking applicability of decision rendered in State of H.P. & Ors. Vs. Om Prakash3. The aforesaid petition was disposed of by permitting the petitioners to prefer representations to respondent No.2 within two weeks with a direction to the said 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 CWP No.15046/2024 decided on 06.01.2025 3 LPA No. 54/2013 decided a/w connected matters on 04.10.2019 2 respondent to consider the cases of the petitioners in light of decision rendered in Om Parkash3 within six weeks. Pursuant thereto, the petitioners preferred their representation on 13.01.2025 (Annexure P-5) to respondent No.2. The said respondent rejected the cases of the petitioners vide office order dated 01.07.2025 (Annexure P-6). The rejection was on the ground that in view of the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No.23 of 2025), the petitioners were not entitled for the benefit of regular appointment from initial date of contractual appointment. In the aforesaid background, the petitioners have instituted this writ petition assailing office order dated 01.07.2025. 3. During hearing of the case, learned counsel for the petitioners invited attention to office order dated 18.08.2015 (Annexure P-9) issued by the respondents, wherein the respondents have now taken a stand in somewhat similar matters that the cases of the petitioners (therein) seeking applicability of decision rendered in Om Parkash3 are not covered by Act No.23 of 2025. 4. In view of the stand taken by the respondents as reflected in the office order dated 18.08.2025 (Annexure P-9), it has become imperative to quash and set aside the office order dated 01.07.2025 (Annexure P-6). Ordered accordingly. Respondent No.2 is directed to consider the cases of the petitioners afresh strictly in 3 light of the decision rendered in Kalpana Thakur & Ors2 within four weeks from today. The order so passed be also communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 08th September, 2025(rohit)