IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16655 & 16656/2026 Decided on: 24.09.2026 ------------------------------------------------------------------------------------- 1. CWP No. 16655/2026 Jitender Kumar …..Petitioner Versus State of H.P. & Ors. .....Respondents 2. CWP No. 16656/2026 Manoj Kumar …..Petitioner Versus State of H.P. & Ors. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the petitioners: Mr. Daleep Singh Kaith, Advocate in both the petitions. For the respondents: Mr. L.N. Sharma, Additional Advocate General in both the petitions. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advo- cate General, appears and waives service of notice on behalf of the respondents. 2. Petitioners seek counting of the daily-wage period for the purpose of seniority and pensionary benefits pursuant to the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 directions issued in Jitender Kumar Vs. State of H.P. & Ors.2. Respondent No. 3 passed consideration orders on 30.10.2025 (Annexure P-11 in CWP No. 16655/2026 and Annexure P-8 in CWP No. 16656/2026), whereby petitioners’ cases were turned down in view of the provisions of the Himachal Pradesh Recruit- ment and Conditions of Service of Government Employees Act, 2024. It is a matter of record that the aforesaid Act has been declared illegal, and has been quashed and set aside in Devinder Kumar & Ors. Vs. State of Himachal Pradesh & Anr3. In view of the decision rendered in Devinder Kumar3, the impugned orders dated 30.10.2025 (Annexure P-11 in CWP No. 16655/2026) and (Annexure P-8 in CWP No. 16656/2026) are quashed and set aside. The respondents are directed to consider petitioners’ cases afresh, in accordance with law and keeping in view the decision in Devinder Kumar3, within the timeline indicated by the Hon’ble Apex Court. The decision so arrived at shall also be communicat- ed to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 24th September, 2026 rohit 2 CWP No. 13996/2025 decided on 09.09.2025 3 CWP No. 3361 of 2025 decided alonwith connected matters on 25.04.2026