Extracted from the PDF above. The PDF is authoritative.
2026:HHC:3294 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No. 1693 of 2019 Decided on: 06.01.2026 __________________________________________________________
Dharamveer Singh
...Petitioner
Versus
State of Himachal Pradesh and Others
...Respondents
Coram
Hon’ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting?.
For the petitioner: Ms. Tara Devi, Advocate, vice Mr. P.P. Chauhan, Advocate.
For the respondents: Mr. Sumit Sharma, Deputy Advocate General.
Ranjan Sharma, Judge
Petitioner, Dharamveer Singh, had initially filed Civil Writ Petition No. 6818 of 2010 which was transferred to State Administrative Tribunal; and upon abolition of Tribunal, the matter came to be transferred to this Court, as CWPOA No.1693 of 2019, seeking the following reliefs :-
“(a). To issue a writ of certiorari or direction in nature thereof, quashing the impugned
order dated 27.07.2010 being Annexure P-4 of the writ petition to the extent whereby it regularizes the services of the petitioner prospectively and not from due date as well as imposes illegal and arbitrary condition
2026:HHC:3294 - 2 - in clause 2(c) by serving the same, as unconstitutional and illegal and contrary to the law;
(b). To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondents to regularize the services of the petitioner as Lecturer (Political Science) w.e.f. September 2026, i.e. the date on which the petitioner has completed his 8 years of service on the said post with all the consequential benefits and pay arrears to the petitioner alongwith interest thereon @ 18% per annum;
(c). To issue a writ of mandamus, appropriate writ, orer or direction in nature thereof, directing the respondents to count entire period of service rendered by the petitioner on contract basis w.e.f. 03.09.1998 till 26.07.2010 towards his seniority, pensionary benefits etc and all other purposes and intents with all the consequential benefits and arrears alongwith interest thereon @ 18% per annum;
(d). To issue an appropriate writ, order or direction in nature thereof to give full justice to the petitioner in the circumstances of the case and may pass such further writ, order or orders as this Court may deem fit, proper, just and expedient in the circumstances of the case.”
FACTUAL MATRIX:
2.
Case as set by Learned Counsel is that the petitioner was appointed as Lecturer [Political Science] on contract basis on 03.09.1988 and his services were disengaged on 19.05.2000, against which, he filed an Original Application and consequently he was re-engaged on 01.09.2001 and had rendered continuous service
2026:HHC:3294 - 3 - thereafter his services were regularized prospectively on 27.07.2010 [Annexure P-4]. Now the grievance of petitioner is that he deserves to be given retrospective regularization from the date he completes eight years of continuous service as given to others.
3.
Matter was listed on 06.11.2025 when, after taking into account the averments made in the writ petition and the
submissions made by
Learned Counsel alleging discrimination, when other similarly placed incumbents were granted retrospective regularization therefore, this Court directed the State Authorities to re-examine the entire issue.
4.
Upon re-examination, Learned State Counsel has furnished the Instructions dated 05.01.2026 [Taken on Record] which are supported by an order dated 08.04.2022 issued by Director of Higher Education, Himachal Pradesh revealing that benefit of retrospective regularization stands granted to the petitioner w.e.f. 01.01.2007 in terms of aforesaid order. Perusal of orders issued by Director of Higher Education dated 08.04.2022 (supra) indicates that the petitioner figures at Serial No.67 [Dharamvir Singh, Lecturer Political
2026:HHC:3294 - 4 - Science] of the said order and though the petitioner was earlier regularized on 31.12.2008 but now he stands regularized as such w.e.f. 01.01.2007. The Order dated 08.04.2022 further reveals that the concerned Principal has been directed to fix pay of the incumbents, in terms of the aforesaid order in accordance with Instructions issued by Finance Department on 07.01.2012 and
15.12.2011. Pursuant to this, even the pay has also been re-fixed as per the certificate issued by Principal GSSS Dhabas, Tehsil Chopal, District Shimla, Himachal Pradesh.
DIRECTIONS:
5.
In the light of Instructions dated 05.01.2026 and copy of the enclosed orders dated 08.04.2022 and the pay fixation certificate issued by Principal as referred to above, this Court closes the instant petition, with the following directions: (i) Prayer of petitioner for retrospective regularization stands granted w.e.f. 01.01.2007 in terms of order dated 08.04.2022 [referred to above], and the said relief has become infructuous; (ii) Consequent upon direction No.(i) above; State Authorities are directed to re-fix the pay of petitioner as Lecturer (School Cadre) in terms of Orders dated 08.04.2022, if not already fixed; and to
2026:HHC:3294 - 5 - release the admissible monetary benefits, if any, in case not already released; (iii) As prayed, the petitioner is permitted to ventilate a claim for surviving grievance hereinafter, which shall be examined in accordance with law; (iv) Parties to bear respective costs.
In aforesaid terms, the instant petition is
disposed of alongwith all pending miscellaneous application(s), if any, shall stand disposed of accordingly.
(Ranjan Sharma)
Judge 6th January, 2026
[himani]