IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.134 of 2025 Decided on: 3rd January 2025 _________________________________________________________________ Madan Gopal ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Munish Dhatwalia, Advocate. For the respondents: Mr. Amandeep Sharma, Additional Advocate General. ________________________________________________________________ Jyotsna Rewal Dua, Judge Notice. Mr. Amandeep Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This petition has been filed for grant of following reliefs: - “i) That this Hon'ble Court may be pleased to issue the Writ in the nature of Certiorari or any other appropriate writ order or direction quashing and setting aside the Impugned action of the Respondents, whereby the 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - Regularization of the Petitioners has been delayed unnecessarily and has been regularized on and w.e.f. 17.01.2022 instead from 28.12.2021 being patently illegal, arbitrary and unconstitutional besides the same being in violation to the settled law of the land. ii That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to regularize the services of the Petitioner w.e.f. 28.12.2021 i.e. from the date the Regularization Policy was liberalized or from the date prior to 03.01.2022, along with all consequential benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 including Higher Grade pay of 37600/-keeping in view the fact that the Petitioners have completed two years of contract service in the month of March, 2021 i.e. prior to 30.09.2021 as per the Regularization policy dated the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by them on contract basis as having been appointed prior to 03.01.2022. or in Alternative iii) That this Hon'ble Court may be pleased to - 3 - issue the Writ in the nature of mandamus directing the Respondents to grant the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 as per communication dated 15.02.2023 keeping in view the fact that the Petitioner has completed two years of regular service as on 18.01.2024.” 3. Learned counsel for the petitioner submitted that the issue involved and the relief prayed for by the petitioner has already been adjudicated Mohit Sharma and Anr. Vs. State of H.P. and others2. Learned counsel for the petitioner states that the petitioner would be content if the case of the petitioner is considered by the respondents in light of the aforesaid judgment within a time bound schedule. Learned Additional Advocate General has no objection to this prayer. 4. Having regard to above submissions but without examining the merits of the matter, this petition is disposed of by directing the respondents to consider the case of the petitioner in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order. The 2 CWP No. 1638 of 2024, decided on 29.11.2024. - 4 - decision so arrived at, shall be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 3, 2025 R.Atal