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

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

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to file a representation to the competent authority within one week praying for their re-engagement; the competent authority to decide it expeditiously, preferably within ten days, taking into account the requisite qualification for the post and the petitioners' approximately one year of work against the post of JOA(IT).

Issue for consideration

Whether the petitioners, who had worked against the post of JOA(IT) for approximately one year, were entitled to re-engagement by the respondent-Board.

Court's answer

The Court disposed of the present petition without going into the merits of the case, reserving liberty to the petitioners to file a representation to the respondent-Board for their re-engagement (counsel having sought permission to withdraw the petition on instructions).

Ratio / Principle

The petitioners were given liberty to file a representation to the competent authority within a period of one week, praying therein for their re-engagement.

Key takeaways

Such representation shall be decided by the competent authority expeditiously, preferably within a period of ten days.ratio¶13
In deciding the representation, the respondent-Board, besides taking note of the requisite qualification required for the post in question, was directed also to take note of the fact that the petitioners had worked against the post of JOA(IT) for approximately one year.ratio¶13
Pending miscellaneous application(s), if any, also stand disposed of.

Detailed headnote1 paragraphs

CWP No.8901 of 2023, High Court of Himachal Pradesh, Shimla (Sandeep Sharma, J.; decided 17.09.2025): Learned counsel for the petitioners, on instructions, sought permission to withdraw the writ petition with liberty to file a representation to the respondent-Board for re-engagement. Noting from the documents on record that there was a shortage of staff and that the respondent-Board required manpower with good knowledge of computers, the Court, without going into the merits, disposed of the petition, reserving liberty to the petitioners to file a representation to the competent authority within one week praying for re-engagement. The competent authority is to decide the representation expeditiously, preferably within ten days, and while doing so the respondent-Board, apart from the requisite qualification for the post in question, may also take note of the fact that the petitioners had worked against the post of JOA(IT) for approximately one year. Pending miscellaneous application(s), if any, stand disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.8901 of 2023 Date of Decision: 17.09.2025

__________________________________________________________ Neeraj Kumar and Others …….Petitioners Versus State of Himachal Pradesh and Others ….Respondents _________________________________________________________ Coram:_

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?¹

For the Petitioners: Mr. Atul Kumar and Mr. Rajat Thakur, Advocates. For the Respondents : Mr. Abhishek Nagta, Advocate, for respondents No.1, 3 to 5. Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No.2/State. Mr. Manohar Lal Sharma, Advocate, for respondent No.6.

Sandeep Sharma, Judge (Oral) :

Learned counsel representing the petitioners, on

instructions, seeks permission to withdraw the present petition, with liberty to file representation to the respondent-Board for their reengagement.

Since documents adduced on record by the parties to the lis suggests that there is a shortage of staff and respondent-Board requires manpower, having good knowledge in computers, this Court, without going into the merits of the case, deems it fit to dispose of the present petition reserving liberty to the petitioners to file representation to

1 Whether the reporters of the local papers may be allowed to see the judgment?

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the competent authority within a period of one week, praying therein for their re-engagement, which in-turn shall be decided by the competent authority expeditiously, preferably, within a period of ten days, but while doing so, respondent-Board, taking note of requisite qualification required for the post in question, may also take note of the fact that petitioners had worked against the post of JOA(IT) for approximately one year. Ordered accordingly.

Pending miscellaneous application(s), if any, shall also

stand disposed of.

(Sandeep Sharma), Judge

September 17, 2025 (Rajeev Raturi)