BASANT SINGH THAKUR AND OTHERS v. STATE OF HP AND OTHERS
CMP-T/556/2025 · 2025-10-10
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31592 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31592 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
. Sh. Basant Singh Thakur & Ors. Vs. The State of H.P. & Ors. CMP.T No. 556 of 2025 in Exe. Pt. No. 185 of
2024. 08.04.2026 Present: Mr. Dilip Sharma, Senior Advocate, with Mr. Naresh
Kaul,
Advocate,
for
the applicants/petitioners. Mr. Rajpal Thakur, Additional Advocate General, for the non-applicants/respondents.
CMP.T No. 556 of 2025 Learned Senior Counsel for the petitioner submits that the Department in compliance to the judgment passed by this Court, is rewriting the order in a sense that the increments which were granted to the petitioner on account of the work charge period, stand withdrawn by them and they are justifying it on the basis of Communication dated 08.12.2025 (Annexure R-2/4), appended with the compliance affidavit. Learned Senior Counsel submits that at the best Communication dated 08.12.2025 can have a prospective operation and the rights which already stand crystallized in favor of the petitioner, in light of the judgment, as also the past practice, in terms whereof, the increments for work charge period was given to the incumbents, the act of the respondents amounts to willful disobedience of the Court order and in fact over reaching the Court order. On the other hand, learned Additional Advocate General submits that in light of Annexure R-2/4, as a decision has been taken that increments shall not be granted for the
work charge service, therefore, the increments are being rightly withdrawn. This Court is of the considered the that without going into the legality of Communication dated 08.12.2025, for the reason that the same is not subject matter of the present proceedings, this Court can safely observe that the operation of Communication dated 08.12.2025 at the best would be prospective. This means that obviously, the rights which already stand crystallized in favor of the petitioner, cannot be negated on the basis of this particular communication as it is not the case of the Department that for the work charge service increments were never paid to anyone before 08.12.2025. Therefore, in light of above observation, the Department is given final opportunity to comply the judgment in letter and spirit and pay the increments to the petitioner for the work charge service, failing which, the Court may have to invoke its jurisdiction under Article 215 of the Constitution of India. List on 07.05.2026. Fresh compliance affidavit be filed, in the meanwhile.
(Ajay Mohan Goel)
Judge April 08, 2026 (Shivank Thakur)