IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15728 of 2025 Decided on: 6th October, 2025 ------------------------------------------------------------------------------------- Kapil Dev …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vikas Rajput, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “i. That the respondents may be directed to grant arrears to petitioner at least three years prior to filing of writ petition, on account of retrospective regularization, along with 9% interest, as done in cases of other similarly situated TGTs, strictly in terms of judgment rendered by this Hon’ble Court in LPA 54/2013 in CWP 7602/2010 titled as State of H.P. versus Om Parkash. ii. That order dated 16-09-2024 (Annexure P-4) may kindly be modified qua petitioner and condition of paying the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 monitory benefits notionally to petitioner may kindly be quashed and set aside or modified and respondents may kindly be directed to pay the arrears to petitioner without any restrictions. iii. That in alternate respondents may kindly be directed to pay the arrears to petitioner at least three years prior to filing of CWP 6199/2024 along with 9% interest.” 3. Learned counsel for the petitioner submitted that the petitioner has impugned office order dated 16.09.2024 (Annexure P-4), whereby petitioner was ordered to be considered as deemed regular employee of the State from due date, however, the monetary benefits were extended to him only notionally. Learned counsel also highlighted another office order dated 27.08.2024 (Annexure P-6), whereby in somewhat similar circumstances, the respondents while granting regularization to some other similarly situated incumbents from the due dates, had ordered release of monetary benefits for a period of three years immediately preceding the date of filing of petition. The petitioner has preferred this writ petition assailing office order dated 16.09.2024 (Annexure P-4), alleging discrimination vis-à-vis incumbents covered under office order dated 27.08.2024 (Annexure P-6). 4. During hearing of the case, learned counsel for the petitioner placed on record copy of another office order 3 dated 19.09.2025 passed by respondent No.2 and submitted that the respondents have now themselves decided to confer actual monetary benefits qua all similarly situated incumbents by restricting the same to three years immediately preceding the date of filing of the writ petition. Relevant portion of the office order reads as under:- “Whereas, on the same analogy, 1080 petitioners have been considered as regular employees of the state from the date when they initially appointed/joined as Lecturers on contract basis with all consequential benefits vide office order No.EDN-H(19)B(1)-6/2010-11- Court cases, dated 10.09.2025. However, the monetary benefits are restricted only from three years proceeding to the date of filing of the petition. Therefore, in view of the above and in order to ensure uniformity in respect of the implementations of the judgments passed by the Hon’ble High Court of HP specifically drawing analogies with the cases decided on the analogy of CWP No. 414/2014- titled as Kuldeep Chand Vs State & others alongwith LPA No. 54/2013 titled as State of HP Vs Om Prakash, and all other connected matters, it has been decided that the monetary benefits qua the petitioners will be restricted to three years immediately preceding the filing of the writ petitions in respect of the petitioners of the office orders of even No. dated 06.09.2024, 05.10.2024, 06.11.2024, 11.11.2024, 14.11.2024, 26.11.2024, 12.12.2024, 08.01.2025 & 01.02.2025. However, it is clarified that these orders are issued only for the petitioners of those writ petitions which were filed before the Hon'ble High Court of HP till December, 2024. The concerned Principal/Headmaster/Incharge of GSSS/GHS/GMS of H.P. is further directed that consequential benefits regarding monetary benefits qua the petitioners shall be released as per the instructions issued by the Finance Department H.P. vide letter No. Fin-E-I-C(17)-6/08 dated 07.01.2012 &31.07.2024 and No. Fin-(PR)B(7)-1/2021-Loose dated 17.09.2022. 4 These orders are issued as per approval conveyed by the Govt. vide letter No. EDN-C-P(3)3/2020 dated 15.05.2024 & EDNC-E(5)21/2023 dated 23.08.2025.” Learned counsel for the petitioner submits that the petitioner would be satisfied in case the respondents/ competent authority(s) are directed to consider the case of the petitioner afresh for grant of actual monetary benefits for a period of three years prior to filing of writ petition, i.e. CWP No.6199 of 2024 (Sh. Arvind Kumar & others Versus State of H.P. & another), wherein petitioner was at Sr. No.30 keeping in view office order dated 19.09.2025. Learned Additional Advocate General is not averse to this prayer. 5. In view of above, the impugned office order dated 16.09.2024 (Annexure P-4) is quashed and set aside qua the petitioner. The respondents are directed to consider the case of the petitioner afresh for conferment of actual monetary benefits by restricting the same to a period of three years prior to filing of the writ petition (CWP No.6199 of 2024) by him, inter alia, keeping in view office order dated 19.09.2025, within a period of four weeks from today. The decision so arrived at shall also be communicated to the petitioner. 5 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua October 06, 2025 Judge Mukesh