Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.
11 799
of 2026
Decided on: 16.07.2026 Sunita
…….Petitioner Versus The State of Himachal Pradesh and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?8 _____________________________________________________ For the petitioner : Ms. Anuja Mehta, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents.
2. The petitioner is aggrieved by Annexure P-4, in terms whereof, the representation filed by her has been rejected primarily on the ground that the reliefs being prayed for cannot be granted to the petitioner in light of the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, having been notified by the Government w.e.f. 20.02.2025.
3.
Learned Counsel for the petitioner submitted that in light of the fact that said Act has been held to be ultravires by Hon’ble Division Bench of this Court, which is the foundation of the
order in issue, the impugned order is now not sustainable in law.
4. Learned Additional Advocate General submitted that the 8 Whether reporters of the local papers may be allowed to see the judgment?
Authority be given an opportunity to decide the representation of the petitioner afresh.
5. Accordingly, this petition is disposed of by setting aside the order passed by the Authority dated 18.10.2025 (Annexure P-4), in light of the fact that the Statute of the State on the basis whereof the representation of the petitioner stands decided, has been held to be ultravires by Hon’ble Division Bench of this Court and the respondent/Competent Authority is directed to take a fresh call on the representation of the petitioner in terms of the directions passed by this Court in its earlier judgment dated 19.03.2025, within a period of eight weeks from today. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge July 16, 2026 (narender)