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2025 DAILYLAW 7820 (HP)

RAJESH KUMAR v. STATE OF HP AND ANOTHER

CWP/2074/2024 · 2025-06-26

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2074 of 2024 Date of decision: 26.06.2025 Rajesh Kumar. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Raj Kumar, Advocate, vice Mr. Vishwa Bhushan, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Even though the reply has not been filed by the respondents, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs:- “i). That writ in the nature of mandamus may very kindly be issued, directing the respondents to grant the benefit of higher pay to the petitioner on promotion from the post of Lecturer to the post of Headmaster as per Fundamental Rules 22 (1) (a) (1). The pay of the petitioner on the post of Headmaster may be fixed at next higher stage vis-à- vis the pay the petitioner were getting on the post of Lecturer at the time of promotion and further pay till date be also re-fixed as such. The petitioner may be extended the benefit of the principles as laid down in judgment dated 07.07.2022 , Annexure P-1, passed by this Hon'ble Court in CWP No.842 of 2017 titled as State of H.P. and others versus Sardari Lal and another in favour of the petitioner, with all consequential benefits. Any wrongful recovery may be set aside.” -2- 3. Learned counsel for the petitioner submitted that the relief prayed for by the petitioner is covered by the decision rendered in State of H.P. and others Vs. Sardari Lal and Another1. 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. Learned Deputy Advocate General has no objection to this prayer. 4. Having regard to above submissions and 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 six weeks from today. The decision so arrived at, shall also be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 26th June, 2025 Judge (Pardeep) 1 CWP No. 842 of 2017 decided on 07.07.2022