ONKAR CHAUHAN AND OTHERS v. STATE OF HP AND OTHERS
CWP/2954/2024 · 2026-07-02
Ajay Mohan Goel
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13955 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13955 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:26011 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2954 of 2024 Decided on: 02.07.2026 Onkar Chauhan & others … Petitioners Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioners: Mr. Mohit Thakur, Advocate. For the respondents: Mr. Rajat Chauhan, Assistant Advocate General, for respondents No.1 to 4. Mr. Manohar Lal Sharma, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia,prayed for the following reliefs:-
“a) To issue Writ in the nature of Mandamus directing Respondents to consider grant of Rs 38,500 (minimum of the Revised scale as introduced through HP Revised Pay Rules 2022 P-4) or decent living wage from due date to all the Petitioners in i.e 2016 accordance with the established principle of law temporary/that even contract/outsource employees irrespective of any nomenclature all are entitled to the minimum of revised scale from time to time that corresponds to the decent living wage in tune with the rising cost of living. b) The Petitioners may be allowed all consequential benefits including the arrears. (c) That especially Respondents respondent no 5 may be
directed to refund employers share of EPF which have been deducted from the salaries of the petitioners till 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2026:HHC:26011 date. (d) That the Respondent state may be directed to hike the salaries of the Petitioners from time to time.”
2. When the matter was listed on 28.04.2026, the following
order was passed:-
“CMP No.6694 of 2026 This application is disposed of by taking the documents appended therewith on record. CWP No.2954 of 2024
Learned counsel for the petitioners has referred to Annexure R-5/19 appended with the reply filed by respondent No.5 and submitted that even the recruiting agency has written to the Director of Agriculture Department on 18.12.2024 to enhance the salary of the petitioners, yet, till date nothing has been done, though in the case of personnel similarly situated as the petitioners serving in Economic and Statistic Department needful has been done. Learned Additional Advocate General to have instructions in this regard by way of supplementary affidavit. As prayed for, list on 28.05.2026.”
3. Today, learned Assistant Advocate General has handed over copy of instructions dated 01.07.2026, received from Director of Agriculture, Himachal Pradesh, which read as under:-
“Please refer to this Directorate letter No.Agr.H(1)(B)2- 2/2013-IX, dated 26.05.2026, on the subject cited above. In this connection, it is submitted that in pursuance to the order passed by the Hon'ble High Court in CWP No. 2954/2024-titled as Onkar Chauhan & Others V/s State
3 2026:HHC:26011 of H.P. & Others on 28.04.2026, the Secretary (Agriculture) to the Govt. of H.P. vide its letter No. Agr.A- E(3)-2/2024, dated 06.06.2026 has conveyed the approval to enhancement the salary of Statistical Assistant (outsourced) in accordance with the advice of Finance Department as well as clarification received from the Department of Economics & Statistics vide their letter dated 20.05.2026. Further, it is also submitted that in accordance with the approval conveyed by the Govt. on 06.06.2026 as referred above, the Branch Manager, NIELIT, Shimla, H.P. has been asked/requested vide this Department letter dated 18.06.2026 (copy enclosed) to revise the remuneration of Statistical Assistants (outsourced) in view of RFP (Request for Proposal) vide Finance Department of H.P. letter dated 01.12.2021 to till date @ revised daily rates of equivalent to the post of Junior Engineer on year to year basis and submit revised bills immediately, which is still awaited at Service Provider Agency. The department ensures as and when the aforesaid information is received from the concerned agency the matter will be pursued on top priority basis. It is therefore, requested to apprise the Hon'ble Court accordingly, please.”
4.
Learned Counsel for the petitioners submits that in light of this development, these proceedings be closed, but with observation that for the surviving grievance, the petitioners may approach the Court afresh.
5. The petition is disposed of, with liberty, as prayed for. It goes without saying that the arrears in terms of the instructions
4 2026:HHC:26011 which may be due to the petitioners, be released expeditiously and preferably within three months from today.
6. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge July 02, 2026 (Rishi)