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2026 DAILYLAW 26137 (HP)

PAWAN NAINTA AND OTHERS v. RAKESH KANWAR AND ANOTHER

COPC/1252/2026 · 2026-10-05

Jiya Lal Bhardwaj

body2026

Judgment text

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2026:HHC:43186 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. COPC No.1252 of 2026 Decided on: 5th October, 2026 Pawan Nainta and others ....Petitioners versus Rakesh Kanwar and another ...Respondents Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the petitioners: Mr. Rocky, Advocate. For the respondents: Mr. Amit Kumar Chaudhary, Deputy Advocate General. Jiya Lal Bhardwaj, Judge (Oral) Learned Deputy Advocate General has produced copy of order dated 03.10.2026 passed by the Deputy Director School Education (Elementary), Shimla, District Shimla-171004, H.P., which is taken on record. 2. A perusal of aforesaid order reveals that in compliance with the directions given by this Court, the petitioners have been allowed higher stage of pay of Rs.37600 after two years of regular service, subject to final outcome of LPA filed in CWP No.4830 of 2023 titled as Inder Singh and any other legal remedies. The DDOs concerned have been directed to re-fix the pay of the petitioners and release the arrears as per the instructions of the Finance Department 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2026:HHC:43186 2 from time to time with the condition that in case the decision of LPA comes in favor of the Department, the petitioners shall be bound to refund the amount of arrears so released. 3. This Court while allowing the writ petition on 22.05.2026 passed in CWP No.7536 of 2026, titled, Pawan Nainta and others vs. State of Himachal Pradesh and another had directed the competent authority to decide the representations Annexure P-4 (Colly.) in light of the averments contained therein, by passing a speaking order, within twelve weeks, in accordance with law. 4. Since the mandate contained in the judgment has been duly complied with and further the competent authority has passed an order on 03.10.2026, there is no willful violation of the directions contained in the judgment. Hence, the notices issued to the respondents are discharged. 5. The petition is accordingly disposed of. Pending applications, if any, also stand disposed of. ( Jiya Lal Bhardwaj ) 5th October, 2026 Judge (naveen)