Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 26666 (HP)

STATE OF HP AND OTHERS v. KASHMIR SINGH

CMP.M/1633/2026 · 2026-10-01

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No. S-6 State of H.P. & Ors. vs. Kashmir Singh CMP(M) No. 1633 of 2026 01.10.2026 Present: Mr. Pranay Pratap Singh, Additional Advocate General, for the applicants/ appellants. For the reasons stated in the application duly supported by an affidavit of the official, delay of 74 days in filing the appeal is condoned. Application stands disposed of. LPA No. ______ of 2026 Appeal be registered. Inter alia contends that the learned Single Judge has granted the benefit of re-engagement to the post of DPE, on PTA basis and had also directed the release of Grant-in-Aid w.e.f. 03.07.2007, on a notional basis and on an actual basis from the date when the judgment was passed i.e. 08.04.2026. Seniority, increment and other benefits were also given w.e.f. 03.07.2007 apart from giving interest from the benefits flowing in case of non-engagement. It is accordingly contended that re-engagement could only be firstly from 01.04.2008 as the termination of the petitioner was done on 31.03.2008, as per the case of the employee himself. It is further submitted that there was a delay as such due to time lag since on the basis of instructions dated 01.09.2013, the appeal had been filed before the Additional District Magistrate, Kangra, which had been allowed on 18.11.2014 (Annexure P-6) and directions had been issued to appoint the appellant against the vacant post of DPE, on PTA basis. It is submitted that the order not being complied with led to the filing of the CWP No. 2919 of 2016, which was disposed of vide order dated 21.11.2016, whereby directions were issued to the respondents-State to decide the representation and leading to the passing of the order dated 29.03.2017 (Annexure A-4) by the Director of Higher Education, which was subject matter of consideration before the learned Single Judge. In such circumstances, it is submitted that the benefits as such could have only been restricted as per the order of the Additional District Magistrate dated 18.11.2014. Issue notice to the respondent, returnable for 30.11.2026, on taking steps within one week. In the meantime, instructions dated 01.09.2013 be also placed on record. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 1st October, 2026(sanjeev)