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2025 DAILYLAW 2921 (HP)

VIJAY LAXMI v. THE STATE OF HP AND OTHERS

EX.P./1896/2025 · 2026-05-19

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No. 1896/2025 Decided on: 19.05.2026 Vijay Laxmi …..Petitioner Versus State of H.P. & Ors. ......Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bonit Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 to 4. Ms. Rekha Thakur, Advocate for respondent No.5. Jyotsna Rewal Dua, J Following order was passed in the matter on 24.04.2026: - “Following order was passed in the matter on 31.03.2026: - “Compliance affidavit filed by the respondents does not appear to be in consonance with law, more so, in light of the judgment rendered in Ravinder Singh Rana Vs. State of H.P. (CWP No. 9084/2023) decided on 18.12.2025. At the request of learned Additional Advocate General, yet another final opportunity of two weeks’ time is granted for filing compliance affidavit. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 List on 24.04.2026.” The judgment still remains un-implemented. 2. Learned Additional Advocate General on the strength of instructions dated 23.04.2026 issued by the Director School Education seeks two weeks’ further time for the aforesaid purpose. Prayer is accepted, subject to the cost of Rs.5,000/- to be paid to the petitioner on the next date by the respondentsState. In case, the judgment is not implemented by the next date, respondents shall remain present in the Court on the next date. List on 15.05.2026.” Pursuant to above, learned Deputy Advocate General has placed on record an office instruction dated 18.05.2026 from the Director Elementary Education conveying that petitioner’s case has been decided by the Deputy Director School Education (Elementary), District Sirmaur at Nahan under office order dated 18.05.2026. Copy of the said order has also been appended with the office instructions. Relevant part of the same reads as under: - “Therefore, keeping in view of the Govt. instructions contained in OM. No. Fin(Pen)E(1)-1/2020 dated 10-06-2024, and directions conveyed by the Director of School Education, Himachal Pradesh vide letter No. EDN-DSE-H(E-IV)(B)(1)-Court Case SMR/HMR dated 15-05- 2026, the service render by the petitioner Smt. Vijay Laxmi, on contract basis is counted as qualifying service for the benefit of pension under CCS (Pension) Rules, 1972, subject to final outcome of SLP (C) Dairy No. 8008/2025 titled as State of Himachal Pradesh & Ors versus Ram Chand & Ors and SLP (C) Dairy No.32886/2025 titled as State of Himachal Pradesh versus Narayan Dutt Sharma filed by the State of and subsequent order of Hon'ble Supreme Court in SLP or any other legal remedy. If any, being exercised by the state.” 3 Learned Deputy Advocate General submits that the pension papers of the petitioner, in terms of the aforesaid office order, shall be processed and pension shall be released in her favour within four weeks from today after coordinating the requisite documentation with respondent No.5. Learned counsel for respondent No.5 also assures expeditious processing at its end with regard to the pension case of the petitioner. In view of above, the petition stands disposed of with direction to the respondents to abide by the assurances given by their learned counsel. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 19th May, 2026 (rohit)