Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ex. Petition No.242 of 2025
Decided on 22nd May 2026 Rajesh Kumar Kmita
…Petitioner Versus State of Himachal Pradesh and another
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Shrawan Dogra, Senior Advocate,
with Mr. Mohit Sharma, Advocate.
For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General.
Ajay Mohan Goel, Judge (Oral)
Learned Senior Counsel for the petitioner submits that though now after the filing of the execution petition, orders stand passed regularizing the services of the petitioner on actual basis from due date, however, the consequential benefits which stand mentioned in Annexure RE-3/2 have not been paid to the petitioner.
2.
Learned Additional Advocate General submits that the benefits shall be released in favour of the petitioner in terms of the instructions issued by the Finance Department.
2
3.
This Court is of the considered view that the implementation of the judgment of the Court cannot be subservient to any Government instructions and in fact any such endeavour amounts to overreaching the judgment passed by the Court.
4.
However, in the interest of justice, these proceedings are closed, but with the observation that whatever is now due to the petitioner shall be paid to him on or before 31.12.2026 positively, be it by way installments or otherwise. Liberty is granted to the petitioner to seek revival of the petition in case needful is not done by the Department by the said date.
(Ajay Mohan Goel)
Judge May 22, 2026 (Vinod)