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2026 DAILYLAW 14195 (HP)

DEEPA DEVI v. RAKESH KANWAR AND OTHERS

COPC/572/2026 · 2026-07-03

Vivek Singh Thakur

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No. : 572 of 2026 Decided on : 03.07.2026 Deepa Devi .…Petitioner. Versus Rakesh Kanwar and Ors. …Respondents. Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the petitioner : Ms. Yogita Sharma, Advocate, vice Mr. Ganesh Barowalia, Advocate. For the respondents : Mr. Gautam Sood, Deputy Advocate General. Vivek Singh Thakur, Judge Learned Deputy Advocate General has placed on record copy of Office Order No. EDN-SE-H(2)B(12) CWP/TGT’s-2025-Payscale, issued by the Director of School Education, Shimla, H.P., with submissions that appropriate orders have been passed by the Director of 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:26572 ) School Education, Shimla, H.P., in compliance of the order passed by this Court. 2. Operative portion whereof reads as under:- "…..The rule 7(A) is crystal clear that any person appointed prior to 03.01.2022 shall be entitled for benefit of notification dated 06.09.2022. The only requirement is appointment to the services prior to 03.01.2022 & the benefit is available after two years from the date regularization. Readily this rules in conjuction with the schedule II clarifies that the appointment means any mode of appointment hence, para 4(V) of the judgment needs no other interpretation." As order passed by the Hon'ble High Court, as per opinion of Ld. A.G. and as per approval received from the Govt. vide their letter dated 01.11.2025, the petitioners are allowed higher pay scale in the concerned level of pay matrix after completion of two years regular service subject to the final outcome of LPA filed by the State in Mohit Sharma case. The DDO concerned is hereby directed to fix the pay of the petitioner and release the arrear as per Finance Department instruction from time to time and compliance report sent to this Directorate immediately. However, an undertaking to the effect may be obtained for the petitioner that the over payment if any, found, in later stage shall be recovered from them accordingly. The entry be also made in the service book of individual concerned. May inform the parties accordingly.” 3. In view of above, present petition is closed and disposed of, with liberty to the petitioner to avail appropriate remedy for redressal of surviving grievances, if any, as permissible under law. 3 ( 2026:HHC:26572 ) Pending miscellaneous application(s), if any, also stand disposed of. (Vivek Singh Thakur) Judge 3rd July, 2026 (sushma)