KOMAL GULERIA AND ANOTHER v. THE STATE OF HP AND OTHERS
CWP/2764/2025 · 2025-04-02
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28496 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28496 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2764 of 2025 Date of decision: 02.04.2025 Komal Guleria & Ors. ...Petitioners. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Ms. Aanchal Singh, Advocate. For the respondent : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of respondents.
2. This petition has been filed for grant of following substantive relief(s): -
“i) That the writ in the nature of certiorari may Kindly be issued to quash and set aside the notification dated 12-01-2022 i.e. Annexure P-1 as far as it provides the revised emoluments of contract employees @ 60% of minimum of pay scale (at the lowest grade, in the regular pay scale), extended to regular employees holding the same post. ii) That respondent May kindly be directed to extent the benefit of Notification dated 6-9-2022 Annexure P-2 to the petitioner by releasing the benefit of revised pay for the contractual period. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes
-2- iii) That the writ in the nature of mandamus may Kindly be issued to the respondents by directing to pay the revised emoluments for contract period of the petitioner @ minimum of pay scale (at the lowest grade, in the regular pay scale), extended to regular employees holding the same post of Staff Nurse w.e.f. date of contract appointment of the petitioner till their regularization along with applicable rate of DA. iv) The arrears with interests at market rate on delay payment, on account of revision @ minimum of pay scale (at the lowest grade, in the regular pay scale), extended to regular employees holding the same post w.e.f. contract basis w.e.f.
23.12.2021. till their regularization i.e. 25-06- 2024.”
3.
Learned counsel for the petitioners submitted that the issue involved and the relief prayed for by the petitioners has already been adjudicated in Mohit Sharma and Anr. Vs. State of H.P. and Others1. Learned counsel for the petitioners states that the petitioners would be content if the case of the petitioners is considered by the respondents in light of the aforesaid judgment within a time- bound schedule. Learned Additional Advocate General has no objection to this prayer.
4. Having regard to above submissions but without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioners in light of the aforesaid judgment and pass 1CWP No. 1638 of 2024, decided on 29.11.2024.
-3- appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this order. The decision so arrived at, shall be communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 2nd April, 2025
Judge (Pardeep)