2026:HHC:11814 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 21065 of 2025 Decided on: 10.04.2026 Subhash Chand and others …….Petitioners Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : M/s Abhinav Purohit, Saurab Ahluwalia and Ankita, Advocates. For the respondents : Mr. R.P. Singh, Deputy Advocate General for respondents-State. : Mr. Rangil Singh, Advocate for respondent No. 3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have inter alia prayed for the following reliefs:- “i. That the present Civil Writ Petition may kindly be allowed and this Hon’ble Court may kindly issue a writ in the nature of Mandamus directing the respondents to grant the petitioners all the actual consequential & financial benefits attached to the post of Principal (School Cadre) Class-I (Gazetted) including arrear of pay and allowances w.e.f. the date of joining as Principal (School Cadre) Class-1 (Gazetted) on placement basis with the respondent department and 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:11814 further the respondents may be directed to pay an interest on the said arrears at the rate of 9% per annum in the interest of law and justice. ii. That the respondents may kindly be directed to grant the petitioners actual consequential and financial benefits including arrears of pay & allowances at par with the similarly situated employees who were granted the same benefits vide notification dated 24.09.2018, for the period the petitioners have worked and served as Principal (School Cadre) Class-I (Gazetted) alongwith pensionary entitlements in the interest of justice.” 2. The grievance of the petitioners is that unlike their counterparts, who after being promoted against the post of Principal, School Cadre, from the post of Lecturer on regular basis, were given the benefit of regularization from the date when they took the charge of the post, i.e. the date of their actual joining/placement as Principals, the petitioners have been discriminated against despite the fact that the petitioners were also directed to hold the charge of the post of Principal, School Cadre, in their existing pay scales in terms of Annexure P-2 (colly.). Upon their regularization vide Annexure P-4, dated 08.05.2025, the regularization granted to them is with immediate effect and on notional basis from the date they 3 2026:HHC:11814 assumed the charge of the post of the Principal. 3. Ms. Ankita, learned Counsel for the petitioners submitted that this issue is no more res integra as this Court in CWP No. 9321 of 2025, titled as Vijay Parmar and others vs. State of Himachal Pradesh, decided on 06.04.2026, has held in the case of Headmasters that the State cannot discriminate between similarly situated persons so as to say that the it cannot be permitted to give the benefit of regularization to one set of employees with retrospective effect and to other set of employees with prospective effect with notional benefits retrospectively. Learned Counsel referred to the abovesaid judgment of this Court and submitted that the respondents be directed to regularize the petitioners as Principals with retrospective effect, i.e., from the actual date of their joining the post of Principal, School Cadre. 4. Though this aspect of the matter that the case of the petitioners is squarely covered by the abovementioned judgment passed by the Court, could not be disputed by learned Deputy Advocate General but he submitted that it may be observed that the directions passed in this case will be subject to the legal rights of the respondents to assail the judgment in accordance with law, if need so arises. Ordered accordingly. 4 2026:HHC:11814 5. In light of above, this petition is disposed of with the observation that the directions passed by the Court in CWP No. 9321 of 2025, titled as Vijay Parmar and others vs. State of Himachal Pradesh, decided on 06.04.2026, shall be construed to have been passed in the present case also and the petitioners herein are also held entitled to actual benefits as from the date when they were called upon to perform the duties of Principals (School Cadre) with all consequential benefits, as has been ordered by this Court in Vijay Parmar and others vs. State of Himachal Pradesh (supra). Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 10, 2026 (narender)