2025:HHC:41601 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.3581 of 2019 Decided on: 03.12.2025 __________________________________________________________ Mehar Chand ...Petitioner Versus State of Himachal Pradesh and another ...Respondents Coram: Hon’ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting?. No For the petitioner: Mr. P.D. Nanda, Advocate. For the respondents: Mr. Amit Kumar Verma, Deputy Advocate General for the respondents-State. Ranjan Sharma, Judge Petitioner, Mehar Chand, had initially filed Civil Writ Petition No.2829 of 2014 which was transferred to the State Administrative Tribunal and upon abolition of Tribunal, the matter stood re-transferred to this Court, as CWPOA No.3581 of 2019, seeking the following reliefs :- “It is therefore respectfully prayed that the present petition may kindly be allowed keeping in view the facts & circumstances of the case by quashing & setting aside Annexure P-11 by declaring the same is illegal, arbitrary & unconstitutional as also against the principles of natural justice & in total derogation of Articles 14, 16 & 21 of Constitution of India, with a further request to uphold the order Annexure P-10, which 2025:HHC:41601 - 2 - has been passed by the respondents with their wide open eyes after having a look at the documents of the petitioner, after the orders from this Hon’ble Court. That the respondents may please further be directed to regularize the services of the petitioner from the date when his junior has been considered for regularization or at least from the date when he completed his 10 years of services as he is fully qualified & eligible in all respects. That the respondent may also be directed to produce the entire record of the petitioner.” 2. Learned Counsel for the petitioner and Learned State Counsel fairly state that the matter in issue is covered by the Judgment of this Court in State of Himachal Pradesh and another versus Tulpi Devi and others, CWP No.786 of 2017, decided on 10.01.2023 and even the State Government has filed SLP (C) No.11770 of 2023 in State of Himachal Pradesh and another versus Tulpi Devi, which was dismissed by the Hon’ble Supreme Court on 14.08.2024. The only reservation expressed by the Learned State Counsel is that after the dismissal of the SLP, the State has preferred a Review Petition [C] Diary No.42652 of 2024 titled State of Himachal Pradesh and another versus Tulpi Devi and others before the Hon’ble Supreme Court, which is pending adjudication. 3. Based on the joint representation of Learned 2025:HHC:41601 - 3 - Counsels for the parties and keeping in view the fact that the Review Petition is pending, this Court directs that the benefit in terms of judgment in [Tulpi Devi supra], be extended to the petitioner-Mehar Chand herein. 4. However, it is made clear that, in case, benefits are extended, the same shall be abide by the final outcome of Review Petition, as referred to above, for which the petitioner shall submit an undertaking to the respondents before releasing the benefits in the instant case. With aforesaid observations, the instant petition along with pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) Judge 3rd December, 2025 [himani]