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2026 DAILYLAW 9592 (HP)

RAJESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/19563/2025 · 2026-05-08

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:15408 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 19563 of 2025 Decided on : 08.05.2026 Rajesh Kumar …Petitioner Versus State of Himachal Pradesh and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : M/s Rocky and Sourav Sharma, Advocates. For the respondents : Mr. Pushpinder 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:- “(i) That an appropriate writ, order Cor directions may kindly be issued and the Notification dated 21.05.2022 (Annexure P-5), ma very kindly be modified to the extent of making promotion of the petitioner on notional basis from the date they assumed the charge of the post of Principal (on placement basis) to directing the 1Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:15408 respondent to make the promotion of the petitioner on actual basis from the date when the petitioner assumed the charge of the post of Principal, with all consequential benefits of pay, arrears, seniority and the arrears may be ordered to be granted along with interest @ 9% p.a. in the interest of law and justice.” 2. The petitioner contends that in terms of Annexure P- 4, dated 08.05.2025, when he was promoted on regular basis against the post of Principal (School Cadre), said promotion was conferred with immediate effect as from the date of the notification and on notional basis from the date the petitioner assumed the charge of the post of Principal on placement basis. The grievance of the petitioner is that he has been discriminated by the Department, as in other cases, incumbents similarly situated as the petitioner, were promoted on regular basis from the date they assumed the charge of the post of Principal on placement basis. 3. Learned counsel for the petitioner submitted that the reliefs prayed for in the petition is otherwise squarely covered by the judgment passed by this Court in CWP No. 9321 of 2025, titled Vijay Parmar and others Vs. State of Himachal 3 2026:HHC:15408 Pradesh, decided on 06.04.2026, and the petition be disposed of with the direction that the judgment passed therein shall mutatis mutandis be construed to have been passed in the present petition also. 4. Though the similarity in the issue decided by this Court in Vijay Parmar and others Vs. State of Himachal Pradesh (supra) and the grievance of the petitioner could not be disputed by the learned Additional Advocate General, but he submitted that the order that may be passed by this Court be subject to the legal rights of the respondents to agitate the same. Ordered accordingly. 5. This petition is disposed of by directing that the directions passed in Vijay Parmar and others Vs. State of Himachal Pradesh (supra), shall be construed to have been passed in the present case also mutatis mutandis. It is held that the act of the respondents-State of conferring the promotion to the petitioner in terms of Annexure P-4, dated 08.05.2025 on regular basis with immediate effect and on notional basis from the date he assumed the charge of the post of Principal on placement basis is bad and it is directed that the petitioner shall 4 2026:HHC:15408 be conferred the benefit of regularization as was conferred to his counter-parts from the date of assuming the charge of the post i.e. from the actual date of the petitioner joining as Principal on placement basis with all consequential benefits. 6. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 08, 2026 (Shivank Thakur)