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2026 DAILYLAW 14502 (HP)

RAKESH KUMAR v. THE STATE OF HP AND ANOTHER

EX.P./920/2026 · 2026-07-07

Jiya Lal Bhardwaj

body2026

Judgment text

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2026:HHC:26978 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No.920 of 2026 Decided on: 07 th July, 2026 ___________________________________________________________________ Rakesh Kumar ....Petitioner Versus State of H.P. and Another ...Respondents _____________________________________________________________________ Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Gurmeet Bhardwaj, Advocate. For the respondents: Mr. Vishav Deep Sharma, Additional Advocate General. Jiya Lal Bhardwaj, Judge (Oral) Learned Additional Advocate General has produced a communication dated 07.07.2026 and copies of office orders dated 04.07.2026 and 06.07.2026, passed by Director, Directorate of School Education, Himachal Pradesh, Shimla-171001, which are taken on record. 2. A perusal of aforementioned office orders reveals that the petitioner has been allowed higher pay scale of the concerned level of pay matrix after completion of two years of regular service, subject to final outcome of LPA filed by the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 State in Mohit Sharma’s case and further subject to final outcome of LPA being filed by the State and in case the outcome of LPA is in favour of the Department, the petitioner is bound to refund the amount so paid to him. The DDO concerned has been directed to fix the pay of the petitioner and release the arrears. 3. Since the mandate contained in the judgment dated 07.01.2026, passed in CWP No.365 of 2026, titled, Rakesh Kumar vs. State of Himachal Pradesh and Ors., has been complied with, nothing remains to be adjudicated in the present execution petition and the same is accordingly closed, subject to final outcome of LPA filed by the State in Mohit Sharma’s case and further subject to final outcome of LPA being filed by the State and in case the outcome of LPA is in favour of the Department, the petitioner is bound to refund the amount so paid to him. However, it is made clear that in case the arrears are not released in favour of the petitioner in terms of the directions given by the Court in the judgment, 3 sought to be executed, within a period of 8 weeks from today, he shall be at liberty to file an application for revival of the present execution petition. 4. In view of the above, the present petition stands disposed of along with pending application(s), if any. 07 th July, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge