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2026 DAILYLAW 4641 (HP)

RAJNI AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/4648/2026 · 2026-04-27

Ranjan Sharma, Vivek Singh Thakur

body2026

Judgment text

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( 2026:HHC:14103 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13797 of 2025 a/w CWP Nos.13983,14071,14103,14181,15353,15 626,15808,15809,17141,17147,18600,186 01,18602,18605,18606,18613,18614,1861 6,18617,18694,18697,18700,18702,18711 ,18713,18714,18715,18716,18727,18735, 18749,18768,18769,18771,18775,18825,1 8827,18934,18935,19042,19043,19258,19 306,19307,19312,19319,19873,19874,198 75,19977,19978,19986,19987,19988,2075 3,21114,21220of 2025 and CWP Nos.355, 397, 1385,1435,2097,3105,3138, 3279, 3280,4195,4648,5138,5391 of 2026 Decided on : 27.04.2026 1. CWP No.13797 of 2025 Anjana Kumari & Ors. …Petitioners. Versus State of Himachal Pradesh &Anr. …Respondents. 2. CWP No.13983 of 2025 Kanchan Kumari& Ors. …Petitioners. Versus State of Himachal Pradesh &Anr. …Respondents. 3. CWP No.14071 of 2025 Alzeria Rana & Ors. …Petitioners. Versus State of Himachal Pradesh &Anr. …Respondents. 4. CWP No.14103 of 2025 Poonam Thakur & Ors. …Petitioners. -2- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh &Anr. …Respondents. 5. CWP No.14181 of 2025 Manju Devi & Ors. …Petitioners. Versus State of Himachal Pradesh &Anr. …Respondents. 6. CWP No.15353 of 2025 Veena Kumari. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 7. CWP No.15626 of 2025 Lalita Kumari& Ors. …Petitioners. Versus State of Himachal Pradesh &Anr. …Respondents. 8. CWP No.15808 of 2025 Anita Chauhan. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 9. CWP No.15809 of 2025 Shailja Rani. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 10. CWP No.17141 of 2025 Neetu Ghai. …Petitioner. -3- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh &Ors. …Respondents. 11. CWP No.17147 of 2025 Reeta Devi. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 12. CWP No.18600 of 2025 Anu Bala. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 13. CWP No.18601 of 2025 Priyanka. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 14. CWP No.18602 of 2025 Shaveta Devi. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 15. CWP No.18605 of 2025 Monika Kumari. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 16. CWP No.18606 of 2025 Poonam Thakur. …Petitioner. -4- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh &Ors. …Respondents. 17. CWP No.18613 of 2025 Jyoti Parkash. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 18. CWP No.18614 of 2025 Sonia Kumari. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 19. CWP No.18616 of 2025 Shashi Bala. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 20. CWP No.18617 of 2025 Madhu Mehta. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 21. CWP No.18694 of 2025 Mamta Rani. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 22. CWP No.18697 of 2025 Manu Sharma. …Petitioner. -5- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh &Ors. …Respondents. 23. CWP No.18700 of 2025 Anu Bala. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 24. CWP No.18702 of 2025 Sonia Bhatia. …Petitioner. Versus State of Himachal Pradesh &Ors. …Respondents. 25. CWP No.18711 of 2025 Kusum Lata. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 26. CWP No.18713 of 2025 Harsh Bala. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 27. CWP No.18714 of 2025 Prem Lata. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 28. CWP No.18715 of 2025 Priyanka Sharma. …Petitioner. -6- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 29. CWP No.18716 of 2025 Vaishali Sareen. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 30. CWP No.18727 of 2025 Komal Thapa. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 31. CWP No.18735 of 2025 Poonam Kumari. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 32. CWP No.18749 of 2025 Sanjay Bala. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 33. CWP No.18768 of 2025 Anu Bala. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 34. CWP No.18769 of 2025 Bhawna Uppal. …Petitioner. -7- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 35. CWP No.18771 of 2025 Jyotsna. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 36. CWP No.18775 of 2025 Anita Sharma. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 37. CWP No.18825 of 2025 Sudesh Kumari. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 38. CWP No.18827 of 2025 Rekha Bhardwaj. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 39. CWP No.18934 of 2025 Anupama Sharma. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 40. CWP No.18935 of 2025 Chitter Rekha. …Petitioner. -8- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 41. CWP No.19042 of 2025 Punita Kumari. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 42. CWP No.19043 of 2025 Anju. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 43. CWP No.19258 of 2025 Seema Sharma & Ors. …Petitioners. Versus State of Himachal Pradesh &Anr. …Respondents. 44. CWP No.19306 of 2025 Anju Bala. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 45. CWP No.19307 of 2025 Pushpa Devi. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 46. CWP No.19312 of 2025 Pooja Rani. …Petitioner. -9- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 47. CWP No.19319 of 2025 Mamta Kumari. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 48. CWP No.19873 of 2025 Swati Arora. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 49. CWP No.19874 of 2025 Sheetal Kashyap. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 50. CWP No.19875 of 2025 Arvind Chand. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 51. CWP No.19977 of 2025 Poonam. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 52. CWP No.19978 of 2025 Tanuja Kumari. …Petitioner. -10- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 53. CWP No.19986 of 2025 Indu Gupta. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 54. CWP No.19987 of 2025 Shital Sharma. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 55. CWP No.19988 of 2025 Reena Kumari. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 56. CWP No.20753 of 2025 Deepika Dhada& Ors. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 57. CWP No.21114 of 2025 Sushma Devi. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 58. CWP No.21220 of 2025 Harsh Lata. …Petitioner. -11- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 59. CWP No.355 of 2026 Pooja Rani. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 60. CWP No.397 of 2026 Aruna Devi & Ors. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 61. CWP No.1385 of 2026 Archana Gupta &Anr. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 62. CWP No.1435 of 2026 Ravinder Kaur &Anr. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 63. CWP No.2097 of 2026 Archana Kumari &Anr. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 64. CWP No.3105 of 2026 Neha Gupta& Ors. …Petitioners. -12- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 65. CWP No.3138 of 2026 Neelam Sharma. …Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. 66. CWP No.3279 of 2026 Kavita Kumari & Ors. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 67. CWP No.3280 of 2026 Asha Devi & Ors. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 68. CWP No.4195 of 2026 Madhu Bala &Anr. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 69. CWP No.4648 of 2026 Rajni & Ors. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. 70. CWP No.5138 of 2026 Reena Kumari & Ors. …Petitioners. -13- ( 2026:HHC:14103 ) Versus State of Himachal Pradesh & Ors. …Respondents. 71. CWP No.5391 of 2026 Reena & Ors. …Petitioners. Versus State of Himachal Pradesh & Ors. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the petitioners : Mr. Vishwa Bhushan, Advocate, Mr. Naresh K. Verma, Advocate, Mr. Abhinav Purohit, Mr. Saurabh Ahluwalia, Mr. Digvijay Singh Thakur and Ms. Ankita, Advocates, for respective petitioner(s), in respective petitions. . For the respondent(s) : Mr.Anup Rattan, Advocate General with Mr. Sushant Keprate, Additional Advocate General. Vivek Singh Thakur, Judge Admittedly, main issue involved in present petition with respect to validity, legality and constitutionality of Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025) (in short ‘Govt. Employees Act’/the Act/the impugned Act) has been adjudicated and decided vide judgment dated 25.04.2026 passed in CWP No.3361 of 2025 titled as Devinder Kumar & others vs State of H.P and others connected matters, wherein, it 1Whether the reporters of the local papers may be allowed to see the Judgment? -14- ( 2026:HHC:14103 ) has been observed as under:- “2. In all these petitions, the petitioners are mainly aggrieved by the enactment of the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025) (in short ‘Govt. Employees Act’/the Act/the impugned Act). 3. In this common judgment, we are adjudicating only the constitutionality, validity, and legality of the Govt. Employee Act. For other reliefs, the consequences shall follow accordingly, and in case any further relief(s) is/are required to be determined after adjudication of additional facts, not discussed or adjudicated or covered in this judgment, the petitioners shall be at liberty to avail appropriate remedies, including the filing of fresh petitions for redressal of grievance based on such other issues raised or not raised in these petitions. ..... ............. ............... ..... 202. Accordingly, in view of above discussion and considering the ratio of law laid down by the Apex Court, the impugned Act is quashed and set aside. 203. In view of quashing of the impugned Act, all consequential action, omission and commission of the respondents-State and its functionaries, based on the impugned Act, are declared illegal, unconstitutional and nullify, and resultantly orders/rejection/directions, withdrawal, denying benefits or proposing recovery of already granted reliefs, based on the impugned Act, in conflict with the mandate of the Court are also quashed and set aside and competent authority(ies) is directed to ensure extension of benefits to the employees in terms of judgments passed by the competent Courts, latest by three months from today by issuing appropriate orders, if so required, in consonance with the Constitutional mandate and verdict of the Court(s).” 2. Finding returned in CWP No.3361 of 2025 title Devinder Kumar & others vs State of HP and others shall be applicable mutatis mutandis to present matters to all intends and purposes. 3. Consequently, impugned office order(s) rejecting the claim/prayer of the petitioners in view of Government Employees Act -15- also stand quashed and set aside with direction to the competent Authority to decide the same afresh by taking into consideration the following settled law:- 1. Where there is adjudication and verdict of the Court in favour of employee(s) or category of employees, benefits to such employee(s) shall be governed and extended in terms of such mandate of the Court notwithstanding anything else. 2. Where there is no specific mandate of Court, such category of employees, appointed on contract in terms of Policy for appointment on contract, but without following the procedure prescribed in Recruitment and Promotion Rules or akin to such provided for regular appointments, followed by regular appointment without interruption, regularization, shall be entitled for counting of contract period of service as qualified service for pensionary/retiral benefits in addition to period of regular service in terms of Rule 17 of CCS (Pension) Rules as well as for mandate of the Courts, and consequently shall be entitled for taking into consideration annual increments for contract period of service by adding the same on notional basis for the purpose of calculation of last pay drawn for determining pension/retiral benefits but not for arrears on account of increment during contract period of service, and such contract period shall not be counted for determining the seniority. 3. Employees initially appointed on contract basis by following procedure prescribed in Recruitment and -16- Promotion Rules/Service Rules framed under Article 309 of the Constitution, after subjecting to rigors of such process as applicable for regular appointments including prescribed essential eligibility, with wide publicity inviting all eligible persons to participate in open competition, similar to competition to be adopted for regular appointments, OR any other prescribed mode of recruitment in terms of/following procedure prescribed in Recruitment and Promotion Rules for recruitment including batch-wise etc., on regularization, shall be entitled for all consequential benefits like counting of contract period of service as qualifying service and financial benefits including increments as well as seniority from the date of their initial appointment. 4. Being a recurring cause of action with respect to claim of pensionary and retiral benefits, but for delay in putting forth claim with Authority or in the Court, financial benefits may be restricted to 3 years prior to putting forth such claim or may be awarded prospectively by taking into consideration the facts and circumstances of each individual case. However, where there is verdict of the Court to extend such benefits without any restriction, the State or its Officers are not empowered to curtail the same without expressed order of the competent Court. Accordingly, aforesaid observations and directions, these petitions are also disposed of in terms of CWP No. 3361 of 2025 with liberty to the parties to avail appropriate remedy with respect to surviving grievance, if any, regarding issue raised or not raised in -17- these petitions including filing of fresh petition(s). Pending miscellaneous application(s), if any, also stand disposed of in same terms. (Vivek Singh Thakur), Judge. 27th April, 2025 (Ranjan Sharma), (meera) Judge.