Extracted from the PDF above. The PDF is authoritative.
2025:HHC:4888 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.3103 of 2025 Date of Decision: 05.03.2025 _____________________________________________________________________ Suman Kumar
……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aashima Premy, proxy counsel for Mr. Bhim Raj Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main reliefs:
“i) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, order or directions directing the Respondents to regularize services of the Petitioner w.e.f. the date when the Petitioner completed their two years' service on contractual basis i.e. from the date the Regularization Policy was liberalized, along with all consequential benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 and the petitioner be accorded 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, as has been approved by the Cabinet on 14.10.2022. ii) That the respondent may kindly be directed to Grant Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs. 31200/- and fix their pay from due date i.e. after completion two years of regular service
2025:HHC:4888 2 with all consequential benefits including the arrears along with interest @ 9%.”
2. Before reply, if any, could be called for on behalf of the respondents, learned proxy counsel representing the petitioner while inviting attention of this Court to Annexure P-7 states that petitioner has already filed representation to consider his case in light of
judgment dated 29.11.2024, passed by Coordinate Bench of this Court in CWP No.1638 of 2024, titled Mohit Sharma and Another Vs. State of Himachal Pradesh and Others, and as such, petitioner would be content and satisfied in case direction is issued to respondents to decide the pending representation (Annexure P-7) in a time bound manner.
3. Having regard to the afore innocuous prayer made on behalf of the petitioner as well as order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General, who fairly states that pending representation, if not decided already, shall be decided expeditiously, in accordance with law.
4. Having perused averments contained in the petition as well as relief prayed for vis-a-vis judgment sought to be relied upon, this Court finds that issue raised in the instant proceedings already
2025:HHC:4888 3 stands adjudicated in the judgment passed in Mohit Sharma (supra) and as such, no prejudice, if any, shall be caused to either of the party, if direction is issued to the respondents to consider and decide the pending representation (Annexure P-7) filed by the petitioner in terms of judgment passed in Mohit Sharma (supra).
5. Consequently, in view of the above, present petition is
disposed of with the direction to respondents to decide the pending representation (Annexure P-7) of the petitioner, expeditiously, preferably, within a period of six weeks, in light of judgment passed in Mohit Sharma (supra). Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass appropriate order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. March 05, 2025 (Sandeep Sharma), Rajeev Raturi
Judge