RAJINDER PAL SINGH SIDHU AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/17730/2025 · 2025-11-14
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36713 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36713 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 17730/2025
Decided on: 14.11.2025 Rajinder Pal Singh & Ors. …Petitioners
Versus
State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioners: Mr. Ankit Dhimian, Advocate. For the respondents: Mr. Vishwadep Sharma, Additional
Advocate General No.1 to 4 & 7. Ms. Sunita Sharma, Sr. Advocate
with Ms. Meenakshi, Advocate for
respondent No.5. Mr. Dhiraj Thakur, Advocate for
respondent No.6. Mr. Dhruv Thakur, Advocate for
respondent No.8 & 9. Jyotsna Rewal Dua, J
Notice. Mr. Vishwadeep Sharma, learned Additional Advocate General, Ms. Meenakshi, Mr. Dhiraj Thakur, and Mr. Dhruv Thakur, learned counsel, accept notice on behalf of the respective respondents. 1 Whether reporters of the local papers may be allowed to see the judgment? yes
2
2. In view of the pleadings, reliefs claimed and the nature of order being passed hereinafter, no reply is required to be called from the respondents. With the consent of learned counsel for the parties, the matters are heard at this stage. 3. This writ petition has been filed for the grant of following substantive reliefs: -
“A. Issue a Writ of Mandamus or any other appropriate writ order, or direction, facilitating and expediting the release of arrears of pay revision w.e.f. 01.01.2016 in respect of the petitioner and all other similarly placed HPSEBL/HP Government employees on deputation/absorbed/retired in SJVN as per the revised pay scales applicable during their deputation period, without any unnecessary delay. B. Declare and clarify that the petitioner's claim pertains solely to the arrears of pay for the deputation period in SJVN, which is to be met by SJVN and does not entail any financial obligation on the State Government of Himachal Pradesh or HPSEBL: C. Direct Respondent Nos. 1 to 7 (State Government authorities, Finance Department, HPSEBL, Pollution Control Board, and Prosecution Department) to provide all necessary assistance and cooperation to SJVN for the smooth and timely release of the arrears, including issuing any clarifications or no- objection certificates, if required; D. Grant consequential directions to the respondents to ensure that similar arrears are processed efficiently and consistently for all other employees similarly placed, in accordance with principles of equality, fairness, and settled legal precedents.”
4.
Learned counsel for the petitioners submitted that respondent No.8 & 9-SJVN Limited is ready & willing to grant the
3 release of revised pay-scale and arrears thereof in favour of the petitioners, however, in view of petitioners’ being erstwhile employees of respondent Nos.1 to 7, No Objection Certificates (NOC) were requisitioned by respondent Nos.8 & 9 from State Electricity Board Limited, State Pollution Control Board, as also the State Government. Though NOCs’ have been furnished by the State Pollution Control Board and the State Electricity Board Limited, however the matter in respect of issuance of No Objection Certificates by the State Government, is pending for the last two years with the State Finance Department; Despite repeated representations/reminders, NOCs’ have not been yet issued by the State Finance Department. It was also pointed out that for similar benefits, the State has issued the NOCs’ for employees of National Hydroelectric Power Corporation [Annexure P-9 (colly)]. 3. Looking to the limited grievance of the petitioner, this writ petition is disposed of with direction to respondents No.2 & 3 to consider the matter regarding issuance of No Objection Certificates in favour of the petitioners, as requisitioned by respondents No.8 and 9, for enabling release of revised pay scales/arrears of pay revision w.e.f. 01.01.2016, for which respondents No.8 and 9–SJVN is stated to be willing. The decision regarding issuance of the NOC shall be taken within three weeks, i.e. by 08.12.2025. The order so passed
4 shall also be communicated to the petitioners. Pending miscellaneous application, if any, shall also stand disposed of. Jyotsna Rewal Dua
Judge 14th November, 2025(rohit)