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2026 DAILYLAW 6578 (HP)

ANIL DOGRA v. THE STATE OF HP AND OTHERS

CWP/4210/2026 · 2026-04-27

Ranjan Sharma, Vivek Singh Thakur

body2026

Judgment text

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2026:HHC:13753 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4210 of 2026. Date of decision: 27.04.2026. _____________________________________________________________________________ Anil Dogra ...Petitioner. Versus State of Himachal Pradesh and 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 Petitioner. Mr. Shivom Vashista, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Additional Advocate General. __________________________________________________________ Vivek Singh Thakur, Judge Admittedly, main issue involved in present case, regarding validity, legality and constitutionality of Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025) stands adjudicated and decided by a Coordinate Division Bench in CWP No. 3361 of 2025, titled Devinder Kumar and Ors. vs. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:13753 CWP No. 4210 of 2026 State of Himachal Pradesh and another with connected matters, wherein it has been observed and held 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. The findings returned in CWP No. 3361 of 2025 along with connected matters, shall be applicable mutatis mutandis to present matter for all intents and purposes. 3 2026:HHC:13753 CWP No. 4210 of 2026 3. Accordingly, present petition is also disposed of in terms of CWP No. 3361 of 2025 with liberty to petitioner to submit a representation to the Director School Education, Directorate of Education, Shimla within 15 days for redressal of his surviving grievance, if any, and representation so preferred by the petitioner, if any, shall be decided by the competent authority/Director School Education, Directorate of Education, Shimla within one month thereafter, by passing a speaking and reasoned order, after giving opportunity of hearing to the petitioner, if so desired. Decision so taken, shall be communicated to the petitioner. 4. Needless to say, parties shall also be at liberty to avail appropriate remedy, including filing of fresh petition for redressal, surviving grievance, if any. The petition is disposed of, in the above terms, so also the pending application(s), if any. (Vivek Singh Thakur), Judge. (Ranjan Sharma), Judge. 27th April, 2026 (Susheel)