2026:HHC:16843 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7437 of 2026 Decided on: 14.05.2026 Akshay Vrat …….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. Vasu Sood, Advocate. For the respondents : Mr. Rajat Chauhan, Assistant Advocate General for respondent No. 1 –State. : Mr. Hamender Singh Chandel, Advocate for respondents No. 2 and 3. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Rajat Chauhan, learned Assistant Advocate General and Mr. Hamender Singh Chandel, learned Counsel, accept notice on behalf of the respondent No. 1 and respondents No. 2 and 3, respectively. 2. Learned Counsel for the petitioner has drawn the attention of the Court to Annexure P-9, which is an order passed by this Court in the earlier petition filed by the petitioner, i.e. CWP No. 3782 of 2024, titled as Akshay Vrat vs. State of H.P. and others, which petition stood disposed of by this Court in the following 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:16843 terms:- “3. Accordingly, the petition is disposed of without making any comments on the merits of the case of the petitioner. It is directed that respondents shall consider the case of the petitioner in light of judgment passed by Division Bench of this Court in CWP No. 2004 of 2017, titled as Sh. Taj Mohammad and Ors. vs. State of Himachal Pradesh Ors., with connected matter on 3.08.2023, within eight weeks from today and will decide the same by passing a speaking order. In case, the petitioner is found similarly situated as petitioners in CWP No. 2004 of 2017, titled as Sh. Taj Mohammad and Ors. vs. State of Himachal Pradesh & Ors., he shall also be granted the same benefits as granted to petitioners in above referred case. 3. In compliance thereto, learned Counsel for the petitioner submits that the impugned office order Annexure P-10, dated 31.03.2025, has been passed, relevant portion whereof is quoted herein below:- “Whereas, number of officers of HPPCL who were appointed on contract basis had represented or filed case on similar analogy in the Hon'ble High Court of H.P. Consequent to which the Court passed orders, more or less on aforesaid lines wherein the contract service period was directed to be counted for seniority/ promotion etc.. However, HPPCL being 3 2026:HHC:16843 a State Government undertaking, had referred the matter to Government of HP for further clarifications/ instructions vide letters dated 30.11.2023 & 18.04.2024. Whereas, in the meanwhile, in order to regulate the recruitment and conditions of service of persons appointed to public services and to harmonise the interests of persons appointed on regular basis and on contract basis, the State Government enacted the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 as notified on 20.01.2025 through Gazette of Himachal Pradesh. Whereas, under Section 6 of the "Himachal Pradesh Recruitment and Conditions that, "Extension of service benefits. - (1) The service benefits available under various Central Civil Services Rules, as applicable in the State, the Himachal Pradesh Civil Services Rules, and other service benefits such as, seniority. Increment, promotion, etc, shall be applicable only to the employees appointed on regular basis. (2) No person working in any Government Department, who has not been appointed as per the provisions of this Act and rules made thereunder on regular basis shall be entitled to service benefits available under the various Central Civil Services Rules, as applicable in the State, the Himachal Pradesh Civil Services Rules and other service benefits such 4 2026:HHC:16843 as, seniority, increment, promotion etc.: Provided that a person shall be entitled for service benefits only from the date of regularization of his services. Provided further that a person whose services have been regularized after 12th December, 2003 shall also be entitled to service benefits from the date of regularization, as if their services have been regularized under the provisions of this Act: Provided also that the service benefits already extended to the persons for the service other than regular service shall stand withdrawn." 4. Learned Counsel submits that now in light of the fact that Hon’ble Division Bench of this Court in CWP No. 3361 of 2025, titles as Devender Kumar and others vs. State of Himachal Pradesh and others and other connected matters, decided on 25.04.2026, has been pleased to hold the provisions of the said Statute to be ultravires, on the basis of which, the representation of the petitioner stood rejected, the respondents be directed to confer the benefits upon the petitioner in terms of the judgment passed by this Court in CWP No. 2004 of 2017, titled as Sh. Taj Mohammad and others vs. State of Himachal Pradesh and others with connected matter on 03.08.2023. 5. In light of the fact that there was a direction earlier 5 2026:HHC:16843 passed in favour of the petitioner in the petition earlier preferred by him that his case be decided in light of the law declared by Hon’ble Division Bench of this Court in CWP No. 2004 of 2017, titled as Sh. Taj Mohammad and others vs. State of Himachal Pradesh and others with connected matter on 03.08.2023, as the representation preferred by the petitioner was rejected on the basis of Section 6 of the Himachal Pradesh Recruitment and Conditions of Service of government Employees Act, 2024, now as the relevant provision of the Act has been held to be ultravires by the Hon’ble Division Bench of this Court, the impugned order is not sustainable in the eyes of law and the same is accordingly quashed and set aside. Respondents shall take a fresh call on the case of the petitioner in terms of the judgment passed by this Court in CWP No. 2004 of 2017, titled as Sh. Taj Mohammad and others vs. State of Himachal Pradesh and others with connected matter on 03.08.2023, within four weeks from today. The petition stands disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 14, 2026 (narender)