SUKHWINDER KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/4498/2025 · 2025-03-27
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5995 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5995 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4498 of 2025 alongwith
connected matters
Decided on: 27th March, 2025 -------------------------------------------------------------------------------------
1. CWP No.4498 of 2025 Sukhwinder Kumar and others
…..Petitioners
Versus
State of H.P. and another
.....Respondents -------------------------------------------------------------------------------------
2. CWP No.4502 of 2025 Harish Kumar
…..Petitioner
Versus
State of H.P. and others
.....Respondents -------------------------------------------------------------------------------------
3. CWP No.4504 of 2025 Mukesh Kumar
…..Petitioner
Versus
State of H.P. and others
.....Respondents -------------------------------------------------------------------------------------
4. CWP No.4506 of 2025 Vinay Kumar
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 For the Petitioners: Mr. Desh Raj Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned 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.4498 of 2025 read as under:-
“a. Appropriate writ or direction to the respondents to regularize the services of the petitioners with effect from 01.10.2021 in terms of the policy decision dated 28.12.2021 (Annexure P-3). b. Appropriate writ or direction to the respondents to fix the pay of the petitioners at higher pay stage at Rupees 37,600/- from the date of completion of 2 years regular service in terms of notification dated 06.09.2022 with the further direction to release the arrears of salary with all consequential benefits along with interest @ 9% per annum on delayed payment.”
3. Learned counsel for the petitioners submitted that the reliefs prayed for by the petitioners and the issues raised by them in the writ petitions are squarely covered in terms of the recent decision rendered in Mohit Sharma & Anr. Versus State of H.P. & Ors.2. Learned counsel further submits that the petitioners would be content in
2 CWP No.1638 of 2024, decided on 29.11.2024
3 case they are permitted to prefer a comprehensive representation(s) to the respondents/competent authority within a period of two weeks and thereafter the competent authority be directed to decide the said representation within a time bound schedule. Learned Additional Advocate General is not averse to this prayer. 4.
Having regard to the afore-submissions, but without examining the merits of the matters, these writ petitions are disposed of by permitting the petitioners to file a comprehensive representation(s) to the respondents/ competent authority within a period of two weeks from today. In case such a representation(s) is received by the respondents/competent authority within the aforesaid period, the same shall be considered and decided in accordance with law as well as taking into consideration the above judgment in the case of Mohit Sharma2 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 27, 2025
Judge Mukesh