IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17468 of 2025 Decided on: 12th November, 2025 ------------------------------------------------------------------------------------- Vivek Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. C.N. Singh, Dr. Nidhi Singh and Mr. Anshul Gandhi, Advocates. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, 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) Issue a writ of mandamus or other appropriate writ order or direction directing the respondents to continue with and regularize the contractual services of the petitioner on the post of Facilitator in the Department of 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Horticulture (i.e. Respondent no.1 to 3) after completion of Two years of contractual service i.e. w.e.f. 11.01.2019 on the post of Facilitator in terms of regularization policy of the Respondent State, with all consequential benefits. ii) Issue a writ of mandamus or other appropriate writ order or direction quashing the disengagement/ termination of the Petitioner from the post of Facilitator from the O/O Respondent no.3, forthwith and accordingly condone the break in contractual service on the post of Facilitator w.e.f. 13.03.2024 till his joining back, regularization towards continuity in service for all intents and purposes and re-fix the pay of the petitioner and pay the entire consequential benefits in favour of the Petitioner with in time bound manner alongwith 12% interest. iii) Issue a writ of Certiorari, Mandamus or other appropriate writ order or direction declaring the act and conduct of the Respondents in calling for resignation from the Petitioner from the post of Facilitator under mis-representation, as non-est, carry no legal sanctity and no force in the eyes of law, for all intents and purposes. iv) Issue a writ of Mandamus or other appropriate writ order or direction by directing the respondents to pay the equal pay and perks to Petitioner from the initial date of her appointment or after completion of Two years of contractual service as paid to regular employees of the government department in terms of the law laid down by the Hon’ble Apex Court in India with all consequential benefits.” 4. Learned counsel for the petitioner submits that case of the petitioner, issue raised by petitioner and reliefs claimed herein have already been adjudicated in Nitin Thakur Versus State of H.P. and others2, which was disposed of with following operative directions:- “89. Consequently, in view of the detailed discussion made herein above as well as law taken into consideration, 2 CWP No.4971 of 2024, decided alongwith connected matters on 23.09.2025 3 present petitions are allowed and respondents are directed to regularize the contractual services of the petitioners on the post they were offered engagement in the Department of Horticulture after completion of two years contractual service in terms of regularization policy framed by the Government of Himachal Pradesh.” Learned counsel further submits that petitioner would be satisfied in case respondents/competent authority(s) are directed to consider the case of the petitioner in light of the aforesaid decision. Learned Additional Advocate General has no objection to the aforesaid prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to the respondents/ competent authority to consider and decide the case of the petitioner in accordance with law as well as taking into consideration the above judgment in the case of Nitin Thakur2 by passing appropriate order within a period of six weeks from today. Copy of the order so passed, be also communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua November 12, 2025 Judge Mukesh