Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 36370 (HP)

RAJESH BHATIA AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/20456/2025 · 2025-12-24

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20456 of 2025 Date of Decision: 24.12.2025 _____________________________________________________________________ Rajesh Bhatia & Anr. ……...Petitioners Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 to 3 Mr. Rajesh Prakash, Advocate, for the respondent No.4. ___________________________________________________________________________ Sushil Kukreja, Judge (Oral) Notice. Mr. Rajat Chaudhary, learned Assistant Advocate General and Mr. Rajesh Prakash, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively. 2. With the consent of learned counsel for the parties, the matters are heard at this stage. 3. By way of instant petition, petitioner has prayed for the following main reliefs:- 2 “a. That the Writ of Certiorari or any other appropriate writ order or direction may kindly be issued for quashing and setting aside the impugned action of the respondents, whereby the petitioners have been denied regularization, being patently illegal, arbitrary, discriminatory and unconstitutional besides the same being in violation to the settled law of the land. b. That the Writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to regularize the services of the Petitioners as Computer Operators w.e.f the date they have been granted regular pay scale in terms of the Recruitment & Promotion Rules along with all consequential benefits. c. That the Writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to release the arrears along with interest @ 12% p.a.” 2. Learned counsel for the parties are ad idem that case of the petitioners is squarely covered by the judgment dated 01.09.2025 passed by this Court in CWP No.10354 of 2023, titled Subhash Kumar & others Vs. State of Himachal Pradesh And Anr. 3. Having perused the averments contained in the petition, especially relief clause vis-à-vis judgment dated 01.09.2025 passed by this Court in Subhash Kumar (supra), this Court finds that case of the petitioners is identical to the aforesaid case decided by this Court. Vide aforesaid judgment, this Court has already dealt with all the points raised in the instant petition and as such, respondents can be directed to 3 decide the case of the petitioners in light of the aforesaid judgment rendered by this Court. 4. Consequently, in view of the above, the directions contained in the aforesaid judgment rendered by this Court in Subhash Kumar (supra) are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. (Sushil Kukreja) December 24, 2025 Judge R.Atal