Extracted from the PDF above. The PDF is authoritative.
Baryam Singh vs. The State of H.P. & others CMP No.23154 of 2026 in CWP No.1335 of 2020 11.09.2026 Present: Mr. R.K. Gautam, Senior Advocate, with Mr. Sahil Dixit, Advocate, for the non- applicant/petitioner. Mr. Pushpinder Jaswal, Additional Advocate General, for the respondent-State. Mr. Vishwajeet Singh, Advocate, for the applicant, in CMP No.23154 of 2026 CMP No.23154 of 2026
1. By way of this application, the applicant has prayed for the following clarifications:-
“i. Whether the applicant is entitled to notional benefits from 07.09.2020 (or any other relevant date); ii. whether actual monetary benefits are payable, and if so, from which date; whether
the
supernumerary post/arrangement for the intervening period shall be treated as sufficient compliance. F. That the present application is not seeking review of the judgment on merits but only seeks clarification/modification for effective and uniform implementation of the directions already issued. G. That unless the aforesaid clarification is issued, the respondents may either delay
implementation or implement the order in a manner prejudicial to the applicant. H. That this Hon'ble Court has inherent jurisdiction to clarify its own order to ensure that the same is properly understood and executed. 7. That this Hon'ble Court may kindly be pleased to clarify/modify the judgment dated 04.09.2024 in terms of the proposal made by the Government of Himachal Pradesh vide letter dated 07.03.2026 (Annexure R-2/3), as referred to in para 5 supra, as such clarification/modification is necessary in administrative and public interest.” Learned Counsel for the applicant submits that in the judgment it has not been clarified as to whether the benefits which have been granted to the petitioner are notional or actual. He submits that this aspect of the matter be clarified. In fact, a perusal of the application demonstrates that the Department wants a clarification from this Court as to whether the word ‘consequential benefits’ that has been used in the judgment means actual consequential benefits or notional benefits. In light of the fact that this Court in Para-21 of the judgment has categorically stated that the relief granted to the petitioner is with all consequential benefits and there is no further curtailment of these benefits by thereafter observing that the same shall be notional etc.
from a date to a date, obviously the consequential benefits which have been granted by the Court are the actual consequential benefits which also entail actual monetary benefits from the date when other incumbents were selected in the process. With this clarification, the application stands disposed of. (Ajay Mohan Goel) Judge September 11, 2026 (Rishi)