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2026 DAILYLAW 20057 (HP)

SANDEEP KUMAR SHARMA v. THE STATE OF HP AND OTHERS

CWP/14344/2026 · 2026-08-21

Ajay Mohan Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14344 of 2026 Decided on: 21.08.2026 Sandeep Kumar Sharma … 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 petitioner: Mr. Rishi Tandon, 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 respondents. 2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “I. That the instant writ petition may kindly be allowed with cost and the respondents may be directed to regularize the services of the petitioner from his initial date of appointment i.e 02.11.2010; II. That the respondents may kindly be directed to pay the petitioner all the emoluments as the petitioner is entitled as regular employee in the respondent department w.e.f 02.11.2010 with all consequential benefits including counting the period for purpose of seniority, promotion etc.” 3. A perusal of the documents appended with the petition demonstrate that in terms of Annexure P-9, earlier representation of the petitioner has been rejected on 08.06.2023 by passing a 1 Whether reporters of the local papers may be allowed to see the judgment? 2 completely non-speaking order. This Court is not referring to the merits of the order, for the reason that there is nothing mentioned in the order as to why the representation of the petitioner deserved dismissal save and except a bald assertion that the case of the petitioner was not covered by the judgment of this Court being relied upon by the petitioner. 4. In light of the fact that an Authority deciding a representation is bound to pass a speaking and a reasoned order on the representation, as the impugned order is not sustainable in the eyes of law, accordingly, this petition is disposed of by quashing Annexure P-9, i.e. order dated 08.06.2023, on the ground that the same is a non-speaking order, with further direction to the Authority now to decide the representation of the petitioner (Annexure P-10) afresh by passing a reasoned and a speaking order and also by affording an opportunity of being heard to the petitioner. Needful be done within a period of 12 weeks from today. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 21, 2026 (Rishi)