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2025 DAILYLAW 27463 (HP)

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

CWP/1542/2025 · 2025-07-31

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1542 of 2025 Date of decision: 31.07.2025 Nabhanshu Thakur & Ors. ...Petitioners. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Rajul Chauhan, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “a) That the respondents may be directed to count the service of the petitioners on contract basis from the date of their initial appointment followed by their regularization without any break, towards seniority and all other service benefits, with all consequential benefits; b) That the impugned order dated 23.09.2023, Annexure P- 10 may be quashed and set aside, and the respondents may kindly be directed to fix the pay of petitioners at Rs 30,500/- on completing 2 years' service by counting the same from the date of their initial appointment as Patwari, with arrears of salary and all consequential benefits, with interest at market rate on delayed payment;” Following order was passed in the matter on 07.03.2025:- “Learned counsel for the petitioners submits that the petitioners be permitted to confine their prayer in this petition to relief No.(b) only. Prayer is accepted. -2- Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Reply be filed within four weeks. List thereafter.” 2. Respondents have filed the reply. 3. With the consent of learned counsel for the parties, the matter is heard at this stage. 4. Petitioners seek higher stage of pay, i.e. Rs.30,500/-, on completion of two years of regular services as Patwaris in accordance with notification dated 06.09.2022 (Annexure P-6). 5. Petitioners were appointed as Patwaris on 11.11.2021 (Annexure P-4) on contract basis in the respondent-department. Their services were regularized on 07.06.2024 (Annexure P-8). On being appointed on regular basis on 18.04.2022, petitioners were placed in the pay-scale of Rs.20,200/-. Petitioners claim for Rs.30,500/- on completion of two years of regular service on the strength of notification dated 06.09.2022, amending Revised Pay Rules 2022, is covered under the decision rendered in Mohit Sharma & Anr. Vs. State of Himachal Pradesh & Ors.1 1 CWP No.1638 of 2024 Date of decision: 29.11.2024 -3- This writ petition is accordingly allowed. Respondents are directed to release the higher stage of pay of Rs.30,500/- to the petitioners w.e.f. their completing two years of regular service as Patwaris. This be done within four weeks from today. Liberty qua relief No.(a) is granted as prayed for. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 31st July, 2025 Judge (Pardeep)