Extracted from the PDF above. The PDF is authoritative.
2025:HHC:6290 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3597 of 2025 Date of Decision: 17.03.2025 _____________________________________________________________________ Hira Lal Sharma ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Devender K.Sharma, Advocate. For the respondent: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:
“(i) That a writ in the nature of mandamus may very kindly be issued and the petitioners be held entitled for the benefit of their adhoc service towards bunching and stagnation scale with effect from due date and the pay fixation of petitioners be ordered to be reaffixed with all consequential benefits after granting benefits of bunching of increments in view of judgment passed in CWPOA 7531 of 2019 titled Madan Lal versus State of HP(Annexure P-5) in the interest of justice and fair play. (ii) That the respondents may kindly be directed to pay the arrear accrued on account of granting benefits of bunching of increments with interest @ 12% interest till the date of realization.”
2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, on instructions, states that petitioner would be content and satisfied in case his case is considered and decided in the light of judgment passed by Coordinate Bench this Court in CWPOA No. 7531 of 2019 titled Madan Lal & Ors. Vs. State of Himachal Pradesh & Anr. 3. While putting in appearance on behalf of respondents, Mr. Rajan Kahol, learned Additional Advocate General, states that he is not averse to aforesaid innocuous prayer made on behalf of the petitioner and representation, if any, filed by the petitioner shall be considered and decided expeditiously. 3.
Consequently, in view of the aforesaid fair stand adopted by learned Additional Advocate General, coupled with the fact that petitioner has already filed representation for redressal of his grievance (Annexure P-7), this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the case of the petitioner in light of judgment passed by this Court in Madan Lal (supra), expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being 2
heard to the petitioner and pass speaking order thereafter. Pending applications, if any, stand disposed of. March 17, 2025 (Sandeep Sharma), (sunil)
Judge 3