Extracted from the PDF above. The PDF is authoritative.
. Item No. S-3 State of Himachal Pradesh and another Vs. Sh. Prem Lal Thakur.
CMP.M No. 1342 of 2026 18.08.2026 Present: Mr. Gobind Korla, Additional Advocate General, for applicant/appellant No.1. Mr. Sarthak Mehta, Advocate, for applicant/appellant No.2.
CMP.M No. 1342 of 2026 Keeping in view the averments made in the application, duly supported by an affidavit of the official, delay of 49 days in refiling the appeal is condoned. The application stands disposed of accordingly. LPA No. ____ of 2026 Appeal be registered. Inter alia contends that employee, who had been initially appointed on contract basis as Assistant Architect on 11.10.1997 and on account of his conviction on 30.11.2009, had been dismissed from service on 06.04.2010 (Annexure P-4). On the basis of his acquittal on 19.10.2011, he was appointed afresh on contract basis on 24.07.2012 (Annexure P-9). Thereafter, the benefit of ad-hoc appointment was given on 09.12.2016 and subsequently, he was regularized on 29.05.2018 and then superannuated on 31.10.2020. It is submitted that direction which had been issued to count the service of the respondent with effect from 24.07.2012 to 26.12.2016 as ad-hoc services in the regular pay scale, cannot be justified.
It is further submitted that the only direction could have been issued to consider that his initial appointment on 24.07.2012 on contract basis should have been in continuation of the earlier appointment, since his termination was only on account of the conviction and thereafter, the State would decide the issue as to when his right of ad-hoc appointment would come as per the Policy and thereafter, regularization would accordingly follow. Issue notice to respondent, returnable for the next date, on taking steps within two days. In the meantime, operation of judgment dated 02.06.2025 shall remain stayed. The State shall also take appropriate action as observed above, before the next date of hearing. List on 01.10.2026.
(G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge August 18, 2026 (Shivank Thakur)