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

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

What the court decided

AI extract

Outcome

Direction to the respondents/competent authority to consider and decide the petitioner's representation dated 17.08.2025 (Annexure P-4) in accordance with law, taking into consideration the Yashwant Kumar judgment, within six weeks, and to communicate the decision so arrived at to the petitioner; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the respondents/competent authority should consider and decide the petitioner's representation dated 17.08.2025 (Annexure P-4) seeking applicability of the Yashwant Kumar judgment.

Court's answer

Without examining the merits of the matter, the writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the petitioner's aforesaid representation in accordance with law.

Ratio / Principle

In deciding the representation, the respondents/competent authority shall take into consideration the judgment in Yashwant Kumar's case, and the decision is to be rendered within a period of six weeks.

Key takeaways

The decision so arrived at on the representation shall also be communicated to the petitioner.ratio¶22

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Jyotsna Rewal Dua, J.) — CWP No.16038 of 2025, decided on 13.10.2025 — Suresh Kumar v. State of H.P. and Ors — Petitioner's representation dated 17.08.2025 (Annexure P-4) seeking applicability of Yashwant Kumar Vs. State of HP and Ors (CWP No. 8148 of 2022, decided alongwith connected matters on 21.03.2024) had not been decided by the respondents/competent authority — Matter heard at the outset with consent of counsel — Without examining the merits, writ petition disposed of with direction to the respondents/competent authority to consider and decide the representation in accordance with law, taking into consideration the Yashwant Kumar judgment, within six weeks, and to communicate the decision to the petitioner — Pending miscellaneous application(s), if any, also disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.16038 of 2025 Decided on: 13.10. 2025

------------------------------------------------------------------------------------- Suresh Kumar …..Petitioner

Versus

State of H.P. and Ors .....Respondents

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Mr. Gambhir Singh Chauhan, Advocate.

For the Respondents: Mr. L.N. Sharma, Additional Advocate General.

-----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, learned Additional

Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of learned counsel for the parties, the matter is heard at this stage.

3. Petitioner’s grievance is that his representation

dated 17.08.2025 (Annexure P-4) seeking applicability of

Yashwant Kumar Vs. State of HP and Ors² has not been

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

2 CWP No. 8148 of 2022, decided alongwith connected matters on 21.03.2024

2

decided till date by the respondents/competent authority. Learned counsel for the petitioner submitted that the petitioner would be content in case the respondents/competent authority(s) are directed to consider and decide the aforesaid representation in accordance with law within a fixed-time schedule. Learned Additional Advocate General is not averse to this prayer.

4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the aforesaid representation of the petitioner in accordance with law as well as taking into consideration the above judgment in the case of Yashwant Kumar² within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua Judge

October 13, 2025 R.Atal