Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.468 of 2024
Date of decision: 30.06.2025 Vishal Nadda & Ors.
...Petitioners. Versus State of Himachal Pradesh & Ors. ...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Naresh Verma, Advocate.
For the respondents : Mr. L.N. Sharma, Additional Advocate General.
Jyotsna Rewal Dua, Judge
This writ petition has been filed seeking directions to the respondents to consider the petitioners’ case for grant of seniority and all consequential benefits, including arrears, as Pump Operator w.e.f. 01.11.2018, on the analogy of similarly situated candidates whose cases have already been considered by the respondents. Substantive reliefs as prayed for in the writ petition reads as under:-
“i. That the respondent may be directed to consider the case of the petitioner for seniority and all consequential benefits including arrears as Pump Operator from 1st November, 2018 when the similar situated candidates were considered for appointment. ii. That the representations (Annexure P-1) Colly of the petitioners have to be considered as per law.”
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2.
Following order was passed in the matter on 05.06.2025:-
“Respondents have filed the reply. In terms of the reply, petitioners have been granted all the benefits i.e. (i) Petitioners have been appointed on contract basis w.e.f. September, 2018 (ii) Arrears due to the petitioners i.e. Rs. 3,38,503/- (petitioner No.1), Rs.3,16,865/- (petitioner No.2) and Rs.3,18,840/- (petitioner No.3) have been paid to them (iii) Petitioners have been granted seniority and all consequential benefits including arrears as Pump Operator w.e.f. 01.09.2018 at par with similar situated candidates.
Learned counsel for the petitioners disputes the above factual aspects. According to him, petitioners have not been granted seniority and arrears have not been paid to them w.e.f. September 2018 till 15th March 2023. Let learned Deputy Advocate General to seek clarification from the respondents on the above objections raised by learned counsel for the petitioners. List on 30.06.2025.”
Pursuant thereto, learned Deputy Advocate General has now placed on record two set of instructions dated 25.06.2025 and 28.06.2025. As per these instructions, the respondents stand is that petitioners shall be deemed to be appointed as Pump Operator on notional basis w.e.f. 20.09.2018, i.e. the date on which the person similarly situated were offered appointment, instead of their respective actual date of joining. That actual monetary benefits will be released to the petitioners from their respective actual date of joining. It has further been submitted that the actual monetary benefits from their date of joining have already been paid to the petitioners.
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3.
Learned counsel for the petitioners admits the above position but submits that surviving grievance of the petitioners is in respect of their seniority. Learned counsel for the petitioners submits that seniority list based upon petitioners’ notional date of appointment, i.e. 20.09.2018, is yet to be issued by the respondents. Learned Additional Advocate General submits that said exercise shall be undertaken by the respondents in accordance with law, wherein the petitioners shall be assigned seniority after taking their deemed date of appointment as 20.09.2018.
4.
In view of above, present proceedings are closed as the grievance of the petitioners raised in this writ petition stand redressed, however, petitioners are at liberty to seek appropriate remedy for the redressal of their surviving grievances in accordance with law.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua 30th June, 2025
Judge (Pardeep)