Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 9015/2026
Decided on: 09.09.2026 Deepali Gupta
…Petitioner
Versus
State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner:
Mr. Praneet Gupta, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant
Advocate General. Jyotsna Rewal Dua, J
This writ petition has been filed for the grant of following substantive reliefs: -
“ i) That appropriate writ, order or direction be issued to respondents directing the respondents to extend all benefits to the petitioner in view of law laid down in C.W.P. No.2004 of 2017, titled as Taj Mohamad & others Versus State of Himachal Pradesh and others and others connected matters decided on 03-08 2023. II. That appropriate writ, order or direction be issued to respondents directing the respondents to treat petitioner as the Assistant Professors as regular w.e.f. 06-07-2023, keeping in view the fact that her qualification, mode of recruitment, responsibilities, fundamental duties are same and similar and she has been appointed against the sanctioned post through the Regular
1 Whether reporters of the local papers may be allowed to see the judgment? yes
2 Selection Process conducted by Himachal Pradesh Public Service Commission.”
2. The services of the petitioner were regularized under notification dated 24.04.2026 (Annexure P-4) as Assistant Professor, on completion of two years of contractual service, subject to the terms and conditions contained therein. The first condition mentioned in the said notification is as under: -
“(i) The service benefits of these Assistant Professor(s)/Acharya shall be governed by the provisions of the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025).”
It is an admitted position that the “Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024” has been quashed and set aside in Devinder Kumar & Ors. Vs. State of Himachal Pradesh & Anr2. It is also a matter of record that State of Himachal Pradesh & Anr. Vs. Devinder Kumar & Ors.3 instituted by the State of Himachal Pradesh against the aforementioned judgment, has been dismissed by the Hon’ble Apex Court on 29.07.2026. While dismissing the appeal, the Hon’ble Apex Court granted four months’ time to the State Government to do the needful in terms of the judgment.
2 CWP No. 3361 of 2025 decided alonwith connected matters on 25.04.2026 3 Special Leave to Appeal (C) No(s). 24885/2026 decided on 29.07.2026
3
In the aforesaid circumstances, Condition No. (i) imposed in the notification dated 24.04.2026 has been rendered otiose and infructuous, and, therefore, the said condition shall not be read under the said notification. In view of above, the present writ petition is disposed of with direction to the respondents to consider the case of the petitioner for grant of the relief prayed for by her, in accordance with the timeline indicated by the Hon'ble Apex Court, without reading Condition No. (i) in the notification dated 24.04.2026. Liberty is, however, reserved to the petitioner to seek appropriate remedy for the redressal of her surviving grievances, if any, at an appropriate stage, in case necessity so arises in future. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua
Judge 9th September, 2026(rohit)