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2025 DAILYLAW 34767 (HP)

NITIKA THAKUR AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/17385/2025 · 2025-11-10

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17385 of 2025 Date of Decision: 10.11.2025 _____________________________________________________________________ Nitika Thakur & Ors. ……...Petitioners Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Ms. Dhanvanti, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General, Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioners have prayed for the following main reliefs: “(i) That a writ in the nature of Mandamus, order or direction may kindly be issued directing the Respondents to extend the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by them on contract basis as having been appointed prior to 03.01.2022, in terms of Rule 7A, as incorporated vide Notification dated 06.09.2022, and petitioners may kindly be granted the Higher State of Pay in the concerned level of Pay Matrix i.e. Rs.41300/- from the date they have completed two years of their regular service, as has been held by the Hon’ble High Court in Mohit Sharma Case (Supra). (ii) That the respondents also be directed to release the arrears of pay after fixing their pay @ Rs.41300/-, w.e.f., the date they had completed two years of regular service along with interest @ 9% per annum from the due date till its realization.” 2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioners, while inviting attention of this Court to judgment passed by Coordinate Bench this Court in CWP No. 1638 of 2024 titled Mohit Sharma & Anr. Vs. State of Himachal Pradesh & Ors., states that issue raised in the instant proceedings already stands adjudicated by Coordinate Bench this Court in Mohit Sharma (supra) and as such, petitioners would be content and satisfied in case directions are issued to the respondents to consider the representations of the petitioners in light of aforesaid judgment in a time bound manner. 3. While putting in appearance on behalf of respondents, Mr. Ravi Chauhan, learned Deputy Advocate General, states that he is not averse to aforesaid innocuous prayer made on behalf of the petitioners and representations, if any, filed by the petitioners shall be considered and decided expeditiously. 4. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the representations of the petitioners dated 16.10.2025 (Annexure P-4) in light of Mohit Sharma (supra), expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority 2 concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioners and pass speaking order thereafter. Pending applications, if any, stand disposed of. November 10, 2025 (Sandeep Sharma), (sunil) Judge 3