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

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

What the court decided

AI extract

Outcome

No substantive pay relief granted. Petition disposed of with a direction to the respondents to consider and decide the petitioner's representation (Annexure P-5) in light of Mohit Sharma (supra), expeditiously, preferably within four weeks, after affording the petitioner an opportunity of being heard.

Issue for consideration

Whether the petitioner is entitled to the benefit of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 by taking into account service rendered on contract basis prior to 03.01.2022 in terms of Rule 7A (incorporated vide Notification dated 06.09.2022), including grant of the Higher Stage of Pay of Rs. 37600/- upon completion of two years of regular service, release of arrears with interest @ 9% p.a., as held by the Coordinate Bench in Mohit Sharma (supra).

Ratio / Principle

Without going into the merits of the case, the Court disposed of the petition with a direction to the respondents to consider and decide the petitioner's representation (Annexure P-5) in light of Mohit Sharma (supra), expeditiously, preferably within a period of four weeks.

Key takeaways

The authority concerned, while acting in terms of the order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereafter; pending applications, if any, stand disposed of.ratio¶15

Detailed headnote1 paragraphs

Lalita Devi v. State of Himachal Pradesh & Ors., CWP No.8591 of 2025 (High Court of Himachal Pradesh, Shimla; decided 23.05.2025; Sandeep Sharma, J.) — Petitioner sought a writ of Mandamus directing the respondents to extend the benefit of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 by counting contract service rendered prior to 03.01.2022 in terms of Rule 7A (incorporated vide Notification dated 06.09.2022), to grant the Higher Stage of Pay of Rs. 37600/- from the date of completion of two years of regular service, and to release arrears with interest @ 9% p.a., as held by the Coordinate Bench in Mohit Sharma & Anr. v. State of H.P. (CWP No. 1638 of 2024). Before any reply was received, counsel for the petitioner, placing reliance on the Mohit Sharma judgment, confined the prayer to a time-bound consideration of her representation (Annexure P-5); the learned Deputy Advocate General stated he was not averse to the prayer. Without going into the merits, the Court disposed of the petition directing the respondents to consider and decide the representation in light of Mohit Sharma (supra), expeditiously, preferably within four weeks, affording the petitioner an opportunity of being heard before passing appropriate orders; pending applications stood disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.8591 of 2025 Date of Decision: 23.05.2025

_____________________________________________________________________ Lalita Devi ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. M.A. Safee, Mr. Pranav Kaushal and Mr. Sameer Miyan, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________

Sandeep Sharma, J. (Oral)

By way of instant petition, petitioner has prayed for the

following main reliefs:

“(i) That a writ in the nature of Mandamus may kindly be issued directing the Respondents to extend the benefit of Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 after taking into account the services rendered by him on contract basis as having been appointed prior to 03.01.2022, in terms of Rule 7A, as incorporated vide Notification dated 06.09.2022 and he be granted the Higher Stage of Pay i.e. 37600/- from the date she has completed years of regular service, as has been held by the Hon’ble High Court in Mohit Sharma case (supra).

(ii) That the respondents be also directed to release the arrears of pay after fixing his pay @ Rs. 37600/- w.e.f. the date he had completed two years of regular service along with interest @ 9% p.a.”

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2. Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, while inviting attention of this Court to judgment passed by Coordinate Bench this Court in CWP No. 1638 of 2024 titled Mohit Sharma & Anr. Vs.

State of Himachal Pradesh & Ors. , states that issue raised in the instant proceedings already stands adjudicated by Coordinate Bench this Court in Mohit Sharma ( supra ) and as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider the representation of the petitioner in light of aforesaid judgment in a time bound manner.

3. While putting in appearance on behalf of respondents, Mr. Ravi Chauhan, learned Deputy Advocate General, states that he is not averse to aforesaid innocuous prayer made on behalf of the petitioner and representation, if any, filed by the petitioner shall be considered and decided expeditiously.

4. Consequently, in view of the above, 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 petitioner (Annexure P-5) in light of Mohit Sharma (supra) , expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an

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opportunity of being heard to the petitioner and pass appropriate orders thereafter. Pending applications, if any, stand disposed of.

May 23, 2025 (Sandeep Sharma), Manjit Judge