IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 5347 of 2026 a/w CWP No.5556 of 2026 Decided on 22nd April 2026 CWP No.5347 of 2026 Santosh Kumar …Petitioner Versus State of Himachal Pradesh and others …Respondents CWP No.5556 of 2026 Sardar Singh …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner(s): Mr. Jagdish Thakur, Advocate, for the petitioners(s) in both the petitions. For the respondents : Mr. Rahul Thakur, Deputy Advocate General, for the respondents, in both the petitions. Ajay Mohan Goel, Judge (Oral) As common issues of facts and law are involved in these petitions, therefore, the same are being disposed of vide common judgment. 2 2. The petitioners herein are praying for issuance of a direction to the respondents to promote them from the post of Sub-Inspector to the post of Inspector, in terms of the contents of the writ petitions and prayers made therein. Petitioners are to superannuate on 30.04.2026. 3. Learned Deputy Advocate General has handed over instructions received in both the matters and in terms of these instructions, the Court stands apprised that in light of an order passed by the Hon’ble Division Bench of this Court in CWP No.4358 of 2026, titled Rakesh Kumar and others versus State of Himachal Pradesh and others, the final inter se seniority could not be finalized and DPC w.e.f. 2010 to 2024 could not be reviewed. The instructions read as under:- “(i) It is submitted that the Govt. of Himachal Pradesh Vide their letter dated 12-05-2023 (Annexure-R-1) in consultation with Law Department which in turn has opined as under:- "That R&P Rules were framed and notified by involving the Statutory Powers by sub section (3) of Section 17 read with Section 141 of the Himachal Pradesh Police Act 2007 (Act No. 17 of 2007) whereby the Standing Order No. 1 of 1999 P-1 (5) Com (SCRB)/93-02-10454-55 dated 22-07-2002 and the provisions of Punjab Police Rules 3 1934 in application to the State of Himachal Pradesh were repealed by the Provisions of R&P Rules once repealed by the statutory notification cannot be restored by an executive decision/order. Moreover, the Himachal Pradesh Act has come into force in the year 2007 and the rules may be framed only under the provision of Act ibid." (ii) It is further submitted that R&P Rules 2010 has been published /notified in e-Gazette on 28-06- 2010 and also in compliance of the Judgment as passed by the Hon'ble High Court of H.P in CWP No. 6599/2010 dated 27-04-2012 that the integration postulates equation of posts and also resulting to restructuring of different wings of the wireless organization into a single cadre w.e.f 28- 06-2010 and also aspect that it not in dispute that Rules in respect of Directorate of Police C&TS were promulgated only on 28-06-2010 and the birth of C&TS has taken effect on 28-06-2010. As such petitioner was fully aware about his right and he has not challenged the above mentioned judgment before the Hon'ble High Court of Himachal Pradesh, therefore judgment has attained finality at this stage. (iii) That the R&P Rules 2010 are being strictly followed and the promotions held at the level of Sub Inspector and Inspectors level were made in accordance with the Standing Order No. 1/1999 as 4 per the precedents and approval of the competent authority w.e.f 2010 to 2024. Further to resolve all pending seniority and litigation issues within the Communication & Technical Services (C&TS) a committee met on 08-08-2025 and 12-08-2025. A request was made on 14-10-2025 (Annexure-R-2) with the Govt. of Himachal Pradesh for ex-post facto approval regularization of Promotion of C&TS officials which were carried out w.e.f 2010 to 2024 beyond the sanctioned strength of R&P Rules 2010. The DPC w.e.f 2010 to 2024 are required to be reviewed in compliance to the judgment dated 27- 04-2012 and R&P Rules 2010. It is further submitted that the Govt. of H.P vide letter dated 02- 12-2025 (Annexure-R-3) has intimated that proposal regarding Ex-Post facto regularization/approval of induction of 147 Constables and Ex-Post facto approval of promotion of personnel from 2010 to 22.07.2024 in C&TS has been examined and found inconsistent with the existing R&P Rules, 2010. It is further submitted that in reference to 02-12-2025 of H.P Govt. letter the matter has again been taken up with the Govt. of H.P vide D.O No. 218 dated 05-01- 2026 (Annexure-R-4). 5 (iv) It is pertinent to mention here that the Integrated tentative Seniority list as it stood on 28- 06-2010 of C&TS Officials (Constable to Inspector) were issued vide PHQ office memorandum dated 21-11-2025 and in compliance to the judgment passed by the Hon'ble High Court of H.P ON 27-04- 2012 in CWP No. 6599/2010 titled as Sita Ram Vs State of H.P alongwith connected matters & in implementation of R&P Rules, 2010. The process of revision of seniority list initiated vide office memorandum dated 21-11-2025 has been challenged by the C&TS Official by filing an CWP No. 4358 of 2026 titled as Rakesh Kumar Vs State of H.P in which the Hon'ble High Court of H.P has passed the following order in the meantime, the execution, implementation and operation of impugned order dated 20-01-2026 (Annexure P-35) shall be kept in abeyance." Because of this the final inter-se-Seniority could not be finalized or DPC's w.e.f 2010 to 2024 could not be reviewed at this stage Keeping in view of present situation the DPC of the petitioner at this stage could not be convened for the promotion to the rank of Inspector as Integration process has been kept in abeyance by the Hon'ble High Court of H.P in CWP No. 4358 of 2026.” 6 4. In the backdrop of the above instructions, learned counsel for the petitioners submits that as both the petitioners are to superannuate on 30.04.2026 and as they have already approached the Court before the date of their superannuation, these petitions be disposed of with the direction that after the adjudication by the Hon’ble Division Bench in the above referred matter, based on the said adjudications, let needful be done qua consideration of petitioners for promotion against the post of Inspector and respondents be directed not to ignore them in the DPC on the ground that they stand superannuated in the interregnum. 5. As the petitioners are already before the Court before their superannuation, seeking promotion to the post of Inspector and as the Department has expressed its helplessness at this stage to proceed with the matter in the light of the order passed by the Hon’ble Division Bench in CWP No.4358 of 2026, titled Rakesh Kumar and others versus State of Himachal Pradesh and others, as prayed for, this petition is disposed of with the direction that after the adjudication of the aforesaid matter by the Hon’ble Division Bench and in terms of 7 the judgment that may be passed by the Hon’ble Division Bench, the cases of the petitioners be considered for promotion to the posts of Inspector from due date and the factum of their having superannuated, shall not weigh with the respondents while taking a call in this regard, in the light of the fact that the petitioners had approached this Court before their superannuation. 6. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge April 22, 2026 (Vinod)