Satish Kumar and Ohters Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Satish Kumar and Ohters Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without entering the merits; respondents directed to consider and decide the petitioners' representation (Annexure P-4) in light of the judgment in Sanjay Kumar (CWPOA No. 5536 of 2020), expeditiously, preferably within six weeks, after affording an opportunity of being heard and passing a speaking order; similar benefits to be extended if the petitioners are found similarly situated; pending applications, if any, stand disposed of. No monetary relief or interest awarded at this stage.

Issue for consideration

Whether the petitioners are entitled to grant/release of the 3rd financial enhancement/upgradation under the new ACPS (4-9-14) on completion of 14 years of service on the post of Veterinary Pharmacist from the due date i.e. January, 2013, in terms of instructions dated 09.08.2012, with all consequential benefits. +1 more

Ratio / Principle

Without going into the merits of the case, this Court disposed of the petition with a direction to the respondents to consider and decide the petitioners' representation in light of the Division Bench judgment in Sanjay Kumar (CWPOA No. 5536 of 2020).

Key takeaways

The representation is to be considered and decided expeditiously, preferably within a period of six weeks.ratio¶18
The authority concerned shall afford the petitioners an opportunity of being heard and pass a speaking order.ratio¶18
If the petitioners are found to be similarly situated to the petitioners in the Sanjay Kumar judgment, they would be extended similar benefits.ratio

Detailed headnote1 paragraphs

CWP No.14989 of 2025, High Court of Himachal Pradesh, Shimla (decision dated 17.09.2025), Sandeep Sharma, J. (oral) — Satish Kumar & Ors. v. State of Himachal Pradesh & Ors. The petitioners sought a writ of mandamus for release of the 3rd financial enhancement/upgradation under the new ACPS (4-9-14) on completion of 14 years of service on the post of Veterinary Pharmacist from the due date i.e. January, 2013, in terms of instructions dated 09.08.2012, with all consequential benefits, together with interest @ 9% per annum on the arrears. Before any reply was received, the petitioners' counsel stated that the petitioners would be content if their representations were considered and decided in light of the Division Bench judgment of this Court in CWPOA No. 5536 of 2020, Sanjay Kumar v. State of Himachal Pradesh & Ors.; the Additional Advocate General fairly undertook expeditious consideration of any representation. Without going into the merits, the Court disposed of the petition, directing the respondents to consider and decide the representation (Annexure P-4) in light of the Sanjay Kumar judgment, expeditiously, preferably within six weeks, affording the petitioners an opportunity of being heard and passing a speaking order; if the petitioners are found similarly situated to the petitioners in that judgment, similar benefits are to be extended. Pending applications, if any, stand disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.14989 of 2025 Date of Decision: 17.09.2025

Satish Kumar & Ors.

……...Petitioners

Versus

State of Himachal Pradesh & Ors.

…....Respondents

Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

For the Petitioners: Mr. Naresh Kaul & Ms. Sheetal Kaul, Advocates.

For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. B.C. Verma & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral)

By way of instant petition, petitioners have prayed for the

following main relief:-

“i. That a writ in the nature of mandamus ‘or’ any other appropriate writ order ‘or’ direction may be issued thereby directing the respondents to grant/release the 3^rd financial enhancement/upgradation under the new ACPS (4-9-14) on completion of their 14 years of service on the post of ‘Veterinary Pharmacist’ from the due date i.e. January, 2013, in terms of instructions dated 09.08.2012 alongwith all consequential benefits to the petitioners, in the interest of law and justice.

ii. That the respondents may be directed to release the interest @ 9% per annum upon the arrears after granting relief no.(a) supra, in the interest of law and justice.”

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Before reply, if any, from the respondents could be received, learned counsel representing the petitioners, on instructions, states that petitioners would be content and satisfied in case their representations are considered and decided in the light of judgment passed by Division Bench this Court in CWPOA No. 5536 of 2020 titled Sanjay Kumar Vs. State of Himachal Pradesh & Ors. alongwith connected matters.

While putting in appearance on behalf of respondents, Mr. Vishal Panwar, learned Additional Advocate General, fairly states that representation, if any, filed by the petitioners shall be considered and decided expeditiously.

Consequently, in view of the aforesaid fair stand adopted by learned Additional Advocate General, coupled with the fact that petitioners have already filed representation for redressal of their grievance (Annexure P-4), this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the representation of the petitioners in light of judgment passed by this Court in Sanjay Kumar ( supra ), expeditiously, preferably within a period of six weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioners and pass speaking order

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thereafter. In case, petitioners are found to be similarly situate to the petitioners in the aforesaid judgment, they would be extended similar benefits. Pending applications, if any, stand disposed of.

September 17, 2025 (Sandeep Sharma), (sunil) Judge