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2025 DAILYLAW 28539 (HP)

DEEPMALA RAGHAV v. THE STATE OF HP AND OTHERS

CWP/15775/2024 · 2025-08-13

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15775 of 2024 Date of Decision: 13.08.2025 __________________________________________________________ Deepmala Raghav …….Petitioner Versus State of H.P. and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Yogesh Kumar Chandel, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): This writ 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 office order Annexure P-6 dated 18-11-2024 and Annexure P-7. ii.) That the writ in the nature of mandamus may kindly be issued to the respondent department by directing them that the petitioner may kindly be granted the benefits of Higher Pay Stage by fixing the pay of the petitioner Rs.37600/- per month as on 12-02-24 along with all consequential benefits. The respondent department may kindly be directed to continue with fixation as was done as per Annexure P-5 dated 02.03.2024.” 2. Petitioner is a Pharmacy Officer and has staked his claim to the revision of pay scale notified by the respondent from 03.01.2022, as amended on 06.09.2022. In fact the benefits of higher pay scale under the aforesaid rules/notification were granted to him by the respondents 1Whether the reporters of the local papers may be allowed to see the judgment? -2- on 02.03.2024, but later on withdrawn vide office order dated 18.11.2024 (Annexure P-6). Petitioner’s case is that he is entitled for the enhanced stages of pay under the Pay Revision Rules, 2022 and First Amendment thereto. Relief has been claimed on strength of decision rendered in Mohit Sharma & Anr. vs. State of H.P. & Ors., CWP No.1638 of 2024, decided on 29.11.2024. 3. Taking note of the fact that legal issue raised by the petitioner has already been adjudicated in the aforesaid judgment, this writ petition is disposed of directing respondent No.2/competent authority to consider and decide the case of the petitioner afresh for grant of higher stage of pay to him in accordance with law and in light of decision rendered in Mohit Sharma’s (supra) within a period of four weeks. The decision so arrived at, be also communicated to the petitioner. Till such time, respondents will not take any coercive action against the petitioner, pursuant to office order dated 18.11.2024 (Annexure P-6). Pending miscellaneous application(s), if any, also to stand disposed of. (Sandeep Sharma), Judge August 13, 2025 (Manjit/Rajeev Raturi)