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2025 DAILYLAW 2629 (HP)

STATE OF HP AND OTHERS v. Shiv Kumar

CMP.M/2389/2025 · 2026-03-18

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2025

Judgment text

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Item No. D-10 State of H.P. & Ors. vs. Pawan Kumar a/w connected matter CMP(M) No. 2312 of 2025 a/w CMP(M) No. 2389 of 2025 18.03.2026 Present: Ms. Priyanka Chauhan, Deputy Advocate General, for the appellants-State. Keeping in view the averments made in the applications (CMP(M) No. 2312/2025 & CMP(M) No. 2389/2025), the delay of 219 days in filing the appeals, is condoned. Applications stand disposed of. LPA______/2026 & LPA No. _____/2026 Be registered. Inter alia contends that after the decision in CWP No. 789 of 2024, titled as Ram Singh vs. State of H.P. & Ors., on 04.07.2024, the present petitions came to be filed wherein a plea was taken that the writ petitioner was working on musetroll basis from the year, 1997 in the case of Pawan Kumar till 2015 and the employment was altered to on a “bill basis”. It is submitted that the specific defence of the State was that the employee was engaged only in December, 2015 but not in 1997 and never completed 240 days in each calendar year till 2015 and thereafter he had executed the work on “bill basis” from the year 2016 to February, 2024. Reference is made to Annexure R-1 to show that working in the year, 2007 was 23 days, 30 days in the year 2008, ‘nil’ in the year, 2009, 120 days in the year 2010, 187 days in the year 2011 and 127 days in the year, 2012, respectively. Similar reference is also made to the charts for the subsequent years. Counsel for the appellants-State submits that said factor has not been taken into consideration by the learned Single Judge, who only proceeded to decide on the basis of the earlier judgment passed in Ram Singh’s case, without examining the pleadings as such and, therefore, the judgment is not liable to be sustained. CMP No. ______/2026 in LPA No._____/2026 CMP No. ______/2026 in LPA No. ____/2026 Be registered. The operation of impugned judgment dated 27.02.2025, passed by the learned Single Judge in CWP No. 8074 of 2024, titled as Pawan Kumar vs. State of H.P. & Ors. and in CWP No. 7744 of 2024, titled as Shiv Kumar vs. State of H.P. & Ors., shall remain stayed. List on 18.05.2026. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 18th March, 2026(sanjeev)