Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.16315 of 2026
Decided on: 22nd September, 2026 ------------------------------------------------------------------------------------- Bhawana Chauhan
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. M.A. Safee, Mr. Pranav Kaushal, Mr. Sameer Miyan and Mr. Saurav, Advocates.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2.
Heard and considered the case file.
3.
Petitioner was appointed as a Clerk on daily- wage basis in the office of State Project Director, Samagra Shiksha, Himachal Pradesh on 12.08.2015. Her services were regularized vide office order dated 10.11.2023
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
(Annexure P-3) in H.P. School Education Society under Samagra Shiksha with immediate effect in the pay scale as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, Cell-1 of Level-3, i.e. Rs.20,200/-. The regularization of the petitioner was subject to certain terms and conditions including the condition of applicability of all financial and other benefits at par with the State of Himachal Pradesh. Condition No.10, being relevant to the context, is extracted herein-below:-
“10. The employees who are regularized, are eligible for all financial and other benefits at par with Govt. of H.P.”
On 06.02.2026, petitioner represented for grant of financial benefits on completion of two years of service, to which she was eligible under the Himachal Pradesh Civil Services (Revised Pay) Rules,
2022. Petitioner’s representation was turned down by respondent No.3-State Project Director, Samagra Shiksha on 19.03.2026 primarily on the ground that there is no provision for grant of any additional benefits merely on completion of two years of regular service.
4.
Prima facie, there is force in the contention of
learned counsel for the petitioner that the impugned rejection order passed by the respondents, declining petitioner's prayer for grant of financial benefits on
3
completion of two years of regular service, is not in consonance with the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, which apparently have been made applicable to the petitioner by the respondents themselves under office order dated 10.11.2023 while regularizing her services. This issue has already been adjudicated upon in Mohit Sharma & Anr. Versus State of H.P. & Ors.2, however, the facts of the instant case are required to be verified by the respondents.
5.
Accordingly, the impugned decision contained in office letter dated 19.03.2026 (Annexure P-6) is quashed and set aside. Respondent No.3/competent authority is
directed to consider and decide the case of the petitioner afresh in accordance with law keeping in view Mohit Sharma2, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua September 22, 2026
Judge Mukesh
2 CWP No.1638 of 2024, decided on 29.11.2024