Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 16344/2026
Decided on: 22.09.2026 Ravinder Kumar
…..Petitioner
Versus HRTC & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Vikas Rajput, Advocate. For the respondents: Mr. V.S. Kanwar, Advocate. Jyotsna Rewal Dua, J
Notice. Mr. V.S. Kanwar, learned counsel, accepts notice on behalf of the respondents. In view of the pleadings, documents appended therewith, the order impugned herein and the nature of the order being passed hereinafter, there is no necessity to call for reply from the respondents. Accordingly, the matter has been heard. 2. Heard and considered the case file. 3. Sanjay Kumar Vs. Himachal Road Transport Corporation2 was instituted by petitioner along with several other incumbents seeking applicability of Vikram Singh Vs. Himachal Road
1 Whether reporters of the local papers may be allowed to see the judgment? yes
2 CWPOA No. 6643 of 2020 decided on 23.11.2023
2 Transport Corporation3. Sanjay Kumar2 was disposed of on 23.11.2023 as under: -
“Admittedly petitioner herein in this petition is similarly situated to the petitioners in CWPOA No. 2343 of 2020 titled Vikram Singh Vs. Himachal Road Transport Corporation and others alongwith connected petitions decided therewith on 9th November, 2023 by Coordinate Division Bench of this High Court. 2. In view of above, we are of the considered opinion that reasons assigned and findings returned in CWPOA No. 2343 of 2020 and other connected petitions shall be mutatis mutandis applicable for all intents and purposes in the present petition also. 3. Accordingly, the petitioners are held entitled for regularization from the date of completion of one year contractual service after their respective initial appointments with all consequential benefits from the due date, however, we are not awarding any interest thereon at this stage. The consequential benefits shall be extended to the petitioners within one month from today, arrears whereof shall be paid to the petitioners on or before 30.04.2024, failing which, respondents- Corporation shall also liable to pay interest thereon at the rate of 6% per annum. Petition is allowed and disposed of in the aforesaid terms alongwith pending applications, if any.”
Pursuant to the above directions, the respondents issued office order on 03.07.2024 (Annexure P-5), regularizing the service of the petitioner on completion of one year of contractual service from the date of his initial appointment, i.e. 05.10.2005.
Based upon the aforesaid, the respondents granted two additional annual increments to the petitioner on completion of 20 years of service vide office order
3 CWPOA No. 2343/2020 decided on 09.11.2023
3 dated 28.01.2026 (Annexure P-9). Petitioner’s grievance is to the office
order dated 29.07.2026 (Annexure P-10), whereby the two additional increments granted to him vide order dated 28.01.2026 have been withdrawn.
4.
It is the case set up by the petitioner that, before issuing impugned office order on 29.07.2026 withdrawing the two additional increments from him, no notice whatsoever was issued to him; That the principles of natural justice were not complied with. The impugned office order does not give the impression of having been passed after issuing any show-cause notice whatsoever to the petitioner. The impugned office order does not even spell out any reason as to why the two additional annual increments previously granted to the petitioner on completion of 20 years of service, have been withdrawn from him. For this reason alone, the impugned office
order dated 29.07.2026 (Annexure P-10) is quashed and set aside. The respondents shall, however, be at liberty to proceed in the matter afresh after giving an opportunity to the petitioner in accordance with law and in consonance with principles of natural justice.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
Judge 22nd September, 2026(rohit)