DINESH KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/438/2025 · 2025-01-07
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4927 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4927 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.438 & 440 of 2025 Date of decision: 07.01.2025
1. CWP No.438 of 2025 Dinesh Kumar & Ors.
...Petitioners. Versus State of H.P. & Ors.
...Respondents.
2. CWP No.440 of 2025 Vishali Kashyap.
...Petitioner. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Tek Chand, Advocate. For the respondent : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.438 of 2025 read as under:-
“a. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction and 1Whether reporters of Local Papers may be allowed to see the judgment? Yes
-2- impugned communication dated 23-09-2024 (Annexure P-7) may kindly be quashed. b. That this Hon'ble Court may kindly be pleased to issue an appropriated writ, order or direction and respondents may kindly be directed to regularize the services of petitioners as per policy dated 28- 12-2021 when they have completed two years of service on contract basis with all consequential benefits. c. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction and respondents may kindly be directed to grant higher stage of pay of Rs.30500/- to the petitioners w.e.f. the date petitioners completed two years of regular service as Patwari in terms of Rule 7(A) of Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022. d. That the respondents may be directed to pay the arrears of revises pay scale within a time bound manner. e. That the respondents may kindly be directed to decide the fresh representations made by the petitioners within a time bound manner in accordance with the law laid down by this Hon'ble Court.”
3.
Learned counsel for the petitioners submitted that the issue involved and the relief prayed for by the petitioners has already been adjudicated in Mohit Sharma and Anr. Vs. State of H.P. and Others1. Learned counsel for the petitioners states that the petitioners would be content if the case of the petitioners is considered by the respondents in light of the aforesaid judgment within a time- 1CWP No. 1638 of 2024, decided on 29.11.2024.
-3- 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, these petition are
disposed of by directing the respondents to consider the cases of the petitioners in light of the aforesaid judgment and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of copy of this
order. The decision so arrived at, shall be communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 7th January, 2025 Judge (Pardeep)