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2025 DAILYLAW 34105 (HP)

KULBHUSHAN REHALIA AND ANOTHER v. STATE OF HP AND OTHERS

EX.PT/149/2024 · 2025-11-22

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:39566 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Exe. Pt. No. 149 of 2024 Decided on : 22.11.2025 Kulbhushan Rehalia and another …Petitioners Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Mr. Rajesh Kumar, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners are seeking the execution of order dated 15.02.2019, passed by the learned Erstwhile Tribunal, in terms whereof, a direction was issued to the respondents to confer benefits upon the petitioner in terms of the order passed by the Tribunal in OA No. 4861 of 2017, titled Poonam Guleria Vs. State of H.P. & Ors., in case the petitioners were similarly situated as Poonam Guleria. 2. According to the petitioner, after the passing of this 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:39566 order, an office order was passed by the Authorities dated 27.11.2019 and benefits stood conferred upon the petitioner in tune with those conferred upon Ms. Poonam Guleria. However, the office order has not been complied with till date. 3. Learned Additional Advocate General submitted that the benefits which are conferred upon Ms. Poonam Guleria were wrongly conferred and this mistake was rectified by the Court. However, the action of the State was assailed by Ms. Poonam Guleria by way of a writ petition and there is a stay operating in favour of Ms. Poonam Guleria. 4. Having heard respective submissions of the parties and taking into consideration the factual matrix of the matter, this Court is of the considered view that these proceedings can be disposed of by ordering that the fate of the writ filed by Ms. Poonam Guleria shall decide the outcome of the execution of the order passed in favour of the petitioners by the Erstwhile Tribunal as also the subsequent order passed by the State. In case, Ms. Poonam Guleria succeeds in the writ petition then the benefits to which the petitioners were entitled to, in terms of order dated 27.11.2019, passed by the Department, be 3 2025:HHC:39566 conferred upon petitioners. 5. With these observations, this petition is disposed of, with liberty to the petitioners to approach the Court afresh after the adjudication in Poonam Guleria’s case, if need so arises. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 22, 2025 (Shivank Thakur)