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2026 DAILYLAW 15172 (HP)

SAPNA KUMARI AND OTHERS v. SHYAM BHAGAT NEGI AND ANOTHER

COPC/338/2026 · 2026-07-10

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.338 of 2026 Decided on: 10th July, 2026 ------------------------------------------------------------------------------------- Sapna Kumari and others …..Petitioners Versus Shyam Bhagat Negi and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. A.K. Sharma, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in this matter on 19.06.2026:- “Learned Assistant Advocate General has placed on record office instructions dated 19.06.2026 and on that basis submits that judgment in question is in the process of being implemented. The arrears due to the petitioners in terms of judgment have been calculated in the sum of ₹10,35,357/- & that budget is being obtained for releasing the aforesaid arrears. Learned counsel for the petitioners submits that though arrears calculated by the respondents have not yet been released to the petitioner, the same are required to be released to them in lump sum and not in installments as proposed by the respondents; Further entire arrears are required to be released on actual basis and not on notional basis as ordered by the 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 respondents in the office order dated 25.05.2026. Learned counsel for the petitioner is justified in his submissions as in the operative part of the judgment, respondents have been directed to regularize contractual service of the petitioner at par with their counter parts and w.e.f. from same date i.e. 02.05.2019 with all consequential benefits. It appears that Director, Women & Child Development, H.P. has attempted to sit in appeal over the judgment by ordering release of notional benefits and part actual benefits in installments. Before any further order could be passed in the matter, at this stage, on the request of learned Assistant Advocate General, one more final opportunity by way of indulgence is granted to the respondents to implement the judgment in letter and spirit by the next date, failing which, the respondents shall remain present in the Court. List on 10.07.2026.” 2. Pursuant to above, learned Additional Advocate General has placed on record office instructions dated 09.07.2026 from the Director, Women and Child Development, Himachal Pradesh, conveying issuance of a corrigendum dated 22.06.2026, holding the petitioners entitled to payment of arrears on actual basis. In terms of the office instructions, the pay of the petitioners has been re-fixed, admissible arrears have been calculated and revised financial demand was also raised. Pursuant thereto, the Finance Department has allocated the requisite budget vide letter dated 08.07.2026. The same has been further allocated to the concerned CDPOs on 08.07.2026 for 3 submission of bills of arrears to the treasuries and to disburse the due amount to the petitioners immediately. Taking note of the office instructions, the present contempt proceedings are closed with direction to the respondents to ensure release of due and admissible payment to the petitioners in terms of the judgment within three weeks from today. Notices issued to the respondents are discharged. Liberty is, however, reserved to the petitioners to seek appropriate remedy for the redressal of their surviving grievances, if any, in accordance with law. Jyotsna Rewal Dua July 10, 2026 Judge Mukesh