ISHAN KASHAV AND ANOTHER v. CHAIRMAN BBMB AND OTHERS
CWP/19994/2025 · 2025-12-19
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37333 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37333 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.19994 of 2025
Decided on: 19th December, 2025 ------------------------------------------------------------------------------------- Ishan Kashav and another
…..Petitioners
Versus
Chairman Bhakra Beas Management Board and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Varun Rana, Advocate.
For the Respondents: Mr. Aman Sood, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. Aman Sood, learned counsel, appears and waives service of notice on behalf of the respondents.
2.
With the consent of learned counsel for the parties, the matter is heard at this stage.
3.
This writ petition has been filed for the grant of following substantive reliefs:-
“i) That the respondents be directed to regularize the services of the petitioners soon after the completion of probation period and treat the appointments of the petitioners, as appointment on regular basis for all intents and purposes.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
ii) That the respondents be directed to release all consequential benefits to the petitioners, in view of their regularizations with effect from their initial appointments respectively i.e. increments, seniority, regular pay scale and all other consequential benefits which are available to regular employees in the same terms as allowed to the petitioners in CWP No.5796/2023 titled Nirmal Singh & Others V/s BBMB & Others decided vide judgment dated 30-04-2025 (Annexure P-12).”
4.
Learned counsel for the petitioners submits that the present petitioners, in essence, are seeking applicability of Nirmal Singh and others Versus Chairman Bhakra Beas Management Board and others2. Learned counsel also submits that the petitioners had previously also represented to the respondents in the year 2021 about their grievances raised in the instant writ petition, as adjudicated in Nirmal Singh2, but the aforesaid representations were not considered and decided. Learned counsel further submits that the petitioners would be satisfied in case they are permitted to make fresh representations to the respondents in light of Nirmal Singh2 and directions are issued to respondent No.1/competent authority to consider the cases of the petitioners for the reliefs claimed by them within a time bound schedule.
2 CWP No.5796 of 2023, decided on 30.04.2025
3
Learned counsel appearing for the respondents is not averse to this prayer. Learned counsel, however, pointed out that Nirmal Singh2 was assailed by means of Bhakra Beas Management Board & others Vs. Nirmal Singh & others3. The said letters patent appeal though was admitted on 02.09.2025, but the appellants therein (Bhakra Beas Management Board) were directed to give benefits of the decision to the writ petitioners therein subject to the final decision of the appeal with the observations that Board employees have to serve the Board and recovery can also be effected from them in case the appeal succeeds.
5.
In view of above, this writ petition is disposed of by permitting the petitioners to file a fresh representation(s) to respondent No.1/competent authority within two weeks from today, whereafter, the same shall be considered and decided by the said authority in accordance with law as well as taking into consideration the above judgment in the case of Nirmal Kumar2 and order dated 02.09.2025 passed in LPA No.622 of 2025, within a period of six weeks thereafter. The decision so arrived at shall also be communicated to the petitioners.
3 LPA No.622 of 2025
4
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua December 19, 2025
Judge Mukesh