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2026 DAILYLAW 5637 (HP)

KALYAN SINGH v. THE STATE OF HP AND OTHERS

CWP/5444/2026 · 2026-05-05

Ajay Mohan Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:14434 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5444 of 2026 Decided on: 05.05.2026 Kalyan Singh …….Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Shivalik Bhaik, Advocate vice Mrs. Shalini Thakur, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for the following relief:- “(a) Issue a writ of mandamus directing the Respondents to grant notional promotion to the Petitioner as Deputy Ranger from 2001 and thereafter as Range Forest Officer from the date his immediate junior was promoted, with all consequential benefits; b) Direct the Respondents to re-fix pay and revise pensionary benefits accordingly and release of arrears of pay and pension along with interest; d) Direct the Respondents to decide the Petitioner's 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:14434 representation (Annexure P-3) within time-bound period.” 2. A perusal of the averments made in the writ petition and the reliefs prayed therein clearly demonstrate that the petition is hit by delay and laches. The petitioner, who is a retired employee of the Forest Department, has approached this Court, praying for the reliefs already enumerated hereinabove, inter alia, on the ground that on account of the fact that there was a criminal case pending against him, his case for promotion to the post of Range Forest Officer was kept in a sealed cover. Though the petitioner was acquitted in said case in the year 2010, however, he was considered and promoted to the said post by the Department vide notification issued in the month of April 2015. It is further the contention of the petitioner that he joined as Range Forest Officer on 18.04.2015 and unfortunately, he superannuated on 03.08.2015. It is in this backdrop that he has filed this petition, praying for the reliefs enumerated herein above, that he be promoted as Deputy Ranger from the year 2001. 3. This Court fails to understand that when the age of superannuation is something which is fixed and certain, then how can according to the petitioner, his superannuation be “unfortunate”. If the petitioner was aggrieved by the fact that the 3 2026:HHC:14434 sealed cover in his case was opened belatedly by the Department, then nothing prevented the petitioner from approaching the Authorities or the Court immediately after his acquittal for the opening of the sealed cover or agitating the issue which is being agitated now when he has been promoted to the post of Range Forest Officer in the month of April, 2015. 4. The petitioner remained silent for more than 10 years and now after eight years as from the date of his superannuation, he has filed this petition which is grossly hit by delay and laches. Accordingly, this petition is dismissed. Though this Court was inclined to impose cost upon the petitioner, however, on the request of learned Counsel for the petitioner, the Court is restraining itself from imposing the cost. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 05, 2026 (narender)