Kuldeep Chand Vs State of Hp and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

Kuldeep Chand Vs State of Hp and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Execution Petitions disposed of as infructuous, with a direction that financial benefits per the H.P. Government Notification dated 15.12.2011 be disbursed within two months; benefits noted as restricted to three years from the date of decision; pending miscellaneous application(s) disposed of.

Issue for consideration

Whether the Execution Petitions remain alive for enforcement in view of the compliance effected by respondent No.3 (grant of notional benefits and regularisation/refixation in pre-revised pay scales vide order dated 18.10.2025). +1 more

Court's answer

The Execution Petitions Nos.149, 154 and 155 of 2025 are disposed of as having become infructuous in view of the compliance shown (order dated 18.10.2025 granting notional benefits and regularising/refixing services in pre-revised pay scales).

Ratio / Principle

Direction issued that the financial benefits as per the notification dated 15.12.2011 be disbursed within a period of two months.

Key takeaways

The court noticed that the financial benefits have been restricted to three years by virtue of the Notification in all cases, from the date of the decision.obiter¶12
Pending miscellaneous application(s), if any, shall also stand disposed of.ratio¶13

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Division Bench: G.S. Sandhawalia, Chief Justice, and Jiya Lal Bhardwai, Judge) by oral order dated 30.10.2025 disposed of Execution Petitions Nos.149, 154 and 155 of 2025 (Manoj Kumar, Suresh Kumar and Kuldeep Chand v. State of H.P. and others) as having become infructuous. Counsel for respondent No.3, Municipal Corporation, Hamirpur, placed on record compliance order dated 18.10.2025 whereby notional benefits were granted w.e.f. 01.04.2008 (Manoj Kumar), 01.04.2001 (Suresh Kumar) and 01.04.1996 (Kuldeep Chand); the petitioners' services stood regularized/refixed in pre-revised pay scales from those dates, with financial benefits payable in consonance with the H.P. Government Notification dated 15.12.2011. The Court directed that the financial benefits be disbursed within two months, noticed that the Notification restricts the financial benefits to three years from the date of decision, and disposed of pending miscellaneous application(s).

( 2025:HHC:36362 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Execution Petition Nos.149, 154 and 155 of 2025. Date of Decision:- 30.10.2025

Execution Petition No.149 of 2025 Manoj Kumar ....Petitioner Versus State of H.P. & Others ....Respondents Execution Petition No.154 of 2025 Suresh Kumar ....Petitioner Versus State of H.P. & Others ....Respondents Execution Petition No.155 of 2025 Kuldeep Chand ....Petitioner Versus State of H.P. & Others ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?¹ For the Petitioner(s) : Mr. Tarun Kumar Sharma, Advocate, in all the petitions. For the Respondents : Ms. Priyanka Chauhan, Deputy Avdocate General for respondents No.1 & 2-State, in all the petitions. : Mr. Anil Kumar God, Advocate, for respondent No.3, in all the petitions. G.S. Sandhawalia, Chief Justice (Oral).

Counsel for respondent No.3-Municipal Corporation,

Hamirpur, District Hamirpur, Himachal Pradesh has placed on

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

2

record copies of order dated 18.10.2025, in all the cases, whereby

the notional benefits have been given in Manoj Kumar’s case w.e.f. 01.04.2008, Suresh Kumar’s case w.e.f. 01.04.2001 and Kuldeep Chand’s case w.e.f. 01.04.1996. The services of the petitioner(s) have also been regularized/refixed in the pre-revised pay scales from the said dates and financial benefits are to be given in consonance with the provisions of the Himachal Pradesh Government Notification dated 15.12.2011.

2. Accordingly, in view of the above, the Execution Petitions are disposed of, as having become infructuous with the direction that the financial benefits as per the said notification dated 15.12.2011 be disbursed within a period of two months from today.

3. It has to be noticed that the financial benefits have been restricted to three years by virtue of Notification in all cases from the date of the decision.

4. Pending miscellaneous application(s) if any, shall also stand disposed of.

(G.S. Sandhawalia) Chief Justice

(Jiya Lal Bhardwaj) Judge

30^th October, 2025 (munish thakur)