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2026 DAILYLAW 18559 (HP)

SAURAV CHAUHAN v. THE STATE OF HP AND OTHERS

CWP/13983/2026 · 2026-08-17

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:34551 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13983 of 2026 Decided on: 17.08.2026 Saurav Chauhan … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners: Mr. S.S. Sood, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “I. To quash and set aside the orders dated 28.3.2026 (ANNEXURE P-11) and earlier order dated 15.10.2025 (Annexure P-9) passed by the Respondent No.2 whereby the representation dated 6.6.2025 (Annexure P-7) of the petitioner for regularization of his services w.e.f 8.9.2022 i.e initial date of appointment was arbitrarily and illegally rejected by the Respondent No. 2 by sitting over the orders dated 12.9.2025 (Annexure P-8) passed by this Hon'ble Court to decide the said representation by taking into consideration the law laid down by this Hon'ble Court in CWP 5090/2022 (Annexure P-12). II. In view of (I) above, issue direction to the Respondent No.1 and 2 to treat the appointment of the petitioner on regular basis right from the date of his initial appointment 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:34551 i.e. 8.9.2022 alongwith Seniority and all consequential benefits flowing therefrom.” 3. In terms of the impugned order dated 28.05.2026 (Annexure P-11), the case of the petitioner has been rejected by the Authority by placing reliance upon the Himachal Pradesh Recruitment & Condition of of Service of Government Employees Act, 2024. 4. In light of the fact that vires of this Act was assailed before this Court and the Hon’ble Division Bench of this Court was pleased to hold the Act to be ultra vires and further the judgment of the Hon’ble Division Bench of this Court has been upheld by the Hon’ble Supreme Court of India, as the impugned order is not sustainable in the eyes of law, therefore, this petition is partly allowed by setting aside and quashing orders dated 28.03.2026 (Annexure P-11). As prayed for by learned Additional Advocate General, the Authority concerned is directed to take a fresh call on the representation of the petitioner in light of the order that has been passed in CWP No.2259 of 2026. Needful be done within a period of 12 weeks from today. 5. The petition stands disposed of, so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge August 17, 2026 (Rishi)