Dr Ashish Sharma Vs State of Hp and Another

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.9886 of 2024 Decided on: 21^st May, 2025

_________________________________________________________________ Ashish Sharma ....Petitioner Versus State of H.P. and Anr. …Respondents ________________________________________________________________ Coram_

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Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?

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_________________________________________________________________ For the petitioner: Mr. Rajnish Maniktala, Sr. Advocate with Mr. Dinkar Bhaskar, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General.

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Jyotsna Rewal Dua, Judge

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This writ petition has been filed for grant of following substantive reliefs:-

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“(A) That the respondents may be directed to consider the contractual service put in the by the petitioner as Veterinary Officer in the Department of Animal Husbandry, Government of Himachal Pradesh with effect from 16.03.2006 to 15.09.2012 on contract basis, towards total length of service put in by the petitioner as Himachal Pradesh Administrative Service Officer for the purposes of grant of four tier pay scales in accordance with notifications placed on record as Annexure P-7, P-8 and P-9.

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(B) That after considering the contractual service of petitioner for

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1 Whether reporters of Local Papers may be allowed to see the judgment? yes

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grant of four tier pay scale as aforesaid, the respondents may be directed to fix the pay of petitioner in terms of the applicable notifications placed on record.

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(C) That after grant of four tier pay scale to the petitioner and consequent fixation of pay, the respondents may be directed to grant him all the arrears of his pay along with interest 9% per annum.”

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2. Respondents have not filed reply to the writ petition, however, on 02.05.2025 office instructions dated 25.10.2024 from the Director Animal Husbandry, Himachal Pradesh were placed on record. As per these office instructions, the Secretary (Animal Husbandry) to the Government of Himachal Pradesh, had granted benefit of four tier scale to the petitioner on notional basis from the date of his appointment on contract basis. Further consequential actions, including fixation of pay in the matter were required to be carried out at the end of the Principal Secretary (Personnel) to the Government of Himachal Pradesh.

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Copy of the office order dated 18.10.2024 issued by the Secretary (Animal Husbandry) to the Government of Himachal Pradesh has also been appended alongwith the office instructions.

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3. Learned Senior Counsel for the petitioner submits that office instructions dated 25.10.2024 alongwith office

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letter dated 18.10.2024 have redressed the grievance of the petitioner, therefore, direction be issued to respondent No.1

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to issue necessary and consequential orders based thereupon, including the pay fixation order.

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4. Keeping in view the instructions memo dated 25.10.2024 from the Director Animal Husbandry, Himachal Pradesh and also office letter dated 18.10.2024 from the Secretary (Animal Husbandry) to the Government of Himachal Pradesh, this writ petition is disposed of by directing respondent No.1 to do the needful in terms of aforesaid instructions/letter including re-fixing the pay of the petitioner within a period of four weeks. Liberty, however, is reserved to the petitioner to seek appropriate remedy, in accordance with law, for redressal of his surviving grievances, in case necessity so arises in future.

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Pending miscellaneous application(s), if any, also to stand disposed.

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Jyotsna Rewal Dua Judge

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May 21, 2025 R.Atal

Dr Ashish Sharma v. State of Hp and Another

Case brief

What is this about?

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Dr Ashish Sharma v. State of Hp and Another

Case brief

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What the court decided

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