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2026 DAILYLAW 18287 (HP)

HITESH KUMAR v. HARISH KUMAR

COPC/782/2026 · 2026-07-31

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA COPC No.782 of 2026 Decided on: 31.07.2026 _________________________________________________________________ Hitesh Kumar ....Petitioner Versus Dr. Harish Kumar …Respondent _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Raham Tulla, Advocate. For the respondent: Mr. Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner alleges breach of directions issued in Hitesh Kumar Vs. Vs. State of H.P. and Anr2, operative portion of which reads as under:- “5. Prima-facie, it appears that case of the petitioner is covered by Mohit Sharma3, however, factual aspects are required to be examined by the competent authority. Hence, impugned office order dated 25.07.2025 (Annexure P-3) is quashed and set aside qua the petitioner. This shall be subject to costs of Rs.10,000/- to be deposited with the ‘Chief Justice 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 CWP No. 14976 of 2025 decided on 17.09.2025 - 2 - Disaster Relief Fund 2025’. Respondents /Competent Authority is directed to consider and decide the case of the petitioner for grant of benefits under the Revised Pay Scale Rules, 2022 strictly in consonance with Mohit Sharma3 and in accordance with law, within a period of three weeks from today. The order so passed, be also communicated to the petitioner.” 2. It appears that respondent had already passed the consideration order on 01.10.2025 (Annexure C-2). Petitioner’s present grievance stems out from the consideration order so passed by the respondent. According to the petitioner, respondent has though revised the pay of the petitioner, but the arrears due to him in view of re- fixation of his pay scale have not yet been released. Though this grievance of the petitioner or alleged inaction of the respondent cannot stricto sensu be said to be in breach of the directions, yet notice can be made of the office instructions placed on record by the learned Assistant Advocate General on 30.07.2026 from the Director of Higher Education, Himachal Pradesh to the effect that steps have been taken for timely clearing the arrear liabilities towards petitioner, in terms of the revised pay scale, in accordance with applicable instructions of the State Government. With the hope and truest that needful shall be carried out by the - 3 - respondent-State by releasing admissible arrears to the petitioner expeditiously, preferably within eight weeks from today, these contempt proceedings are closed. Notice issued to the respondent is discharged. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge July 31, 2026 R.Atal