Dismissed¶¶16

Briksha Devi v. State of Hp and Others

Himachal Pradesh HC6 May 2025CWP/3806/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petitions with liberty to file afresh; Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024; CWP Nos. 3800, 3802, 3804, 3806, 3808, 3814, 3816 of 2025; Chandna Devi; Manchana Devi; Nirupama; Briksha Devi; Dimple Kumari; Seema Devi; Mahesh Lata; State of H.P.; dismissed as withdrawn; pending miscellaneous applications; Justice Jyotsna Rewal Dua; High Court of Himachal Pradesh; 6 May 2025.

What did the court decide?

Permission to withdraw the writ petitions with liberty to file afresh in accordance with law, inter alia assailing The Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024; pending miscellaneous application(s), if any, likewise dismissed as withdrawn. ¶¶16

Briksha Devi Vs State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners may be permitted to withdraw the writ petitions, stated to be incapable of proceeding in their present form after the enactment of The Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, with liberty to file afresh.

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Court's answer

Prayer for withdrawal accepted; granting such liberty, the writ petitions are dismissed as withdrawn, with liberty to file afresh in accordance with law, inter alia assailing The Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024.

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Ratio / Principle

The dismissal as withdrawn extends to pending miscellaneous application(s), if any.

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Detailed headnote1 paragraphs

HIGH COURT OF HIMACHAL PRADESH, SHIMLA (Jyotsna Rewal Dua, J.) — Decided 6th May, 2025. Seven connected civil writ petitions — CWP No.3800 of 2025 (Chandna Devi), CWP No.3802 of 2025 (Manchana Devi), CWP No.3804 of 2025 (Nirupama), CWP No.3806 of 2025 (Briksha Devi), CWP No.3808 of 2025 (Dimple Kumari), CWP No.3814 of 2025 (Seema Devi) and CWP No.3816 of 2025 (Mahesh Lata) — versus State of H.P. and others. Counsel for the petitioners (Mr. Pankaj Thakur) submitted that, upon enactment of The Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, the petitions could not proceed in their present form, and sought withdrawal with liberty to file afresh, inter alia assailing that enactment. Prayer accepted: petitions dismissed as withdrawn, along with pending miscellaneous application(s), if any, with liberty to file afresh in accordance with law. No substantive adjudication; no precedent engaged.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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--------------------------------------	CWP No.3800 of 2025 a/w connected matters Decided on: 6^thMay, 2025 -----------------------------------------------
1. CWP No.3800 of 2025
Chandna Devi	…..Petitioner
	Versus
State of H.P. and others --------------------------------------	.....Respondents -----------------------------------------------
2. CWP No.3802 of 2025
Manchana Devi	…..Petitioner
	Versus
State of H.P. and others --------------------------------------	.....Respondents -----------------------------------------------
3. CWP No.3804 of 2025
Nirupama	…..Petitioner
	Versus
State of H.P. and others -------------------------------------	.....Respondents -----------------------------------------------
4. CWP No.3806 of 2025
Briksha Devi	…..Petitioner
	Versus
State of H.P. and others -------------------------------------	.....Respondents -----------------------------------------------
5. CWP No.3808 of 2025
Dimple Kumari	…..Petitioner
	Versus
State of H.P. and others --------------------------------------	.....Respondents -----------------------------------------------

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6. CWP No.3814 of 2025 Seema Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------7. CWP No.3816 of 2025 Mahesh Lata …..Petitioner Versus State of H.P. and others .....Respondents

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------------------------------------------------------------------------------------Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioners: Mr. Pankaj Thakur, Advocate.

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For the Respondents: Mr. L.N. Sharma and Mr. P.K. Nadda, Additional Advocates General.

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Jyotsna Rewal Dua, Judge

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Learned counsel for the petitioners submits that

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due to developments that have taken place, more specifically the enactment, i.e. The Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, these writ petitions in the present form, cannot proceed ahead, therefore, the petitioners be permitted to withdraw the present writ petitions with liberty

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

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to file afresh in accordance with law, inter alia , assailing the aforesaid enactment.

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2. Prayer is accepted. Granting such liberty, the writ petitions are dismissed as withdrawn alongwith

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pending miscellaneous application(s), if any.

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May 06, 2025 Mukesh

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