Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20015 of 2025
Date of Decision: 18.12.2025 _____________________________________________________________________ Co. Anil Kumar Pandey ……...Petitioner Versus Union of India and Ors.
…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Dr. Lalit Kumar Sharma, Advocate.
For the respondents: Mr. Ajay Kumar Chauhan, Central Government Counsel. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
With the consent of learned counsel for the parties, matter is heard at this stage.
2.
By way of instant writ petition, petitioner has prayed for following main reliefs:
“(i) That the impugned employment notice dated 30/09/2025 Annexure P5 whereby the respondent No.3 is going to fill up the post of Medical Officer at ECHS Polyclinic Shimla which is already occupied by the petitioner since 17/10.2022 till date by another set of contractual appointee may kindly be set aside and quashed. (ii) That respondents may kindly be directed to permit the petitioner to discharge his duty as medical Officer at ECHS Polyclinic Shimla till his age of superannuation of 68 years (13/04/2026) or till the disposal of the SLP(C) 36359/2016 titled Sonu Kumar vs. UOI and other which is pending adjudication before the Apex Court.
- 2 - (iii) That the impugned Annexure P5 qua the post of medical Officer at ECHS Polyclinic Shimla being contrary to judgment dated 15/05/2024 passed by this Hon’ble Court in CWP No. 3260/2016 and connected maters may kindly be set aside and quashed.”
3.
It is an admitted position that petitioner was manning the post in question on contractual basis, when the said post was advertised by the respondents afresh to be filled up again on contractual basis. Respondents have also not disputed that the issue involved in the instant petition is pending before the Hon’ble Apex Court in Special Leave Petition(C) No.36359/2016 (Sonu Kumar Vs UOI), wherein interim protection has been granted in favour of the petitioner therein, who was similarly situate to the present petitioner.
4.
In view of above, this writ petition is disposed of with direction that petitioner’s continuation on the post in question shall abide by the result of the aforesaid Special Leave Petition till the superannuation of the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of.
December 18, 2025
(Sandeep Sharma), (manjit)
Judge