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2025 DAILYLAW 34814 (HP)

NISHA KUMARI AND OTHERS v. STATE OF HP AND OTHERS

CWP/16760/2024 · 2025-12-01

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16760/2024 Decided on: 01.12.2025 Nisha Kumari & Ors. …Petitioners Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Ms. Kiran Verma, Advocate vice Mr. Yogesh Chandel, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Even though reply has not been filed by the respondents, however, with the consent of learned counsel for the parties, the matter is heard at this stage. 2. The writ petition has been filed for the grant of following substantive reliefs: - “(i) That the writ in the nature of certiorari may kindly be issued to quash and set aside the notification dated 12-01-2022 i.e. Annexure P-5 as far as it provide the revised emoluments of contract employees @ 60% of minimum of pay scale (at the lowest 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 grade, in the regular pay scale), extended to regular employees holding the same post. ii) That the writ in the nature of mandamus may kindly be issued to the respondents by directing to pay the revised emoluments for contract period of the petitioners @ minimum of pay scale (at the lowest grade, in the regular pay scale), extended to regular employees holding the same post of TGT w.e.f. 01-01-2016 till their regularization of service along with 3% annual hike. The arrears with interests at market rate on delay payment, on account of revision @ minimum of pay scale (at the lowest grade, in the regular pay scale), extended to regular employees holding the same post w.e.f. 01-01-2016, shall also be paid to the petitioners for service rendered in the department on contract basis .” 3. Learned counsel for the petitioners submits that case of the petitioners, issue raised by petitioners and the reliefs claimed herein have already been adjudicated upon in Yashwant Kumar and others versus State of H.P. and others.2 Learned counsel submits that petitioners would be satisfied in case the respondents/competent authority is directed to consider the case of the petitioners in light of the aforesaid decision. Learned Additional Advocate General has no objection to the aforesaid prayer. Learned Additional Advocate General, however, submits that the decision in Yashwant Kumar2 has been assailed by the respondents in State of H.P. versus Chunni Lal3 and the same is yet pending adjudication, therefore, the respondents 2 CWP NO. 8148/2022 decided on 21.03.2024 a/w connected matters 3 LPA No. 205/2025 3 be permitted to decide the case of the petitioner within one month after the decision of LPA i.e. State of H.P versus Chunni Lal3 4. In view of the above, this writ petition is disposed of with liberty reserved to the petitioners to prefer their respective representations to respondent No.2/Competent Authority, within two weeks from today for redressal of their grievances raised in this writ petition with further direction to respondents No.2/Competent Authority to decide the aforesaid representations within one month from the date of decision of the State of H.P versus Chunni Lal.3 The decision so arrived at shall be also communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 01st December, 2025(rohit)