State of Hp and Anr. Vs Pearl Rana and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

State of Hp and Anr. Vs Pearl Rana and Anr. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Laboratory Assistants held entitled to the same monthly amount as similarly situated Rogi Kalyan Samiti appointees from 01.06.2022 till 08.05.2024; interim order dated 11.03.2025 modified; delay of 142 days condoned in CMP(M) No. 2049 of 2025; LPA No. 28 of 2026 admitted, to be registered and listed along with LPA No. 399 of 2024 and connected matters.

Issue for consideration

Whether the applicant Laboratory Assistants, engaged as a stop-gap arrangement and not against sanctioned posts, are entitled to the same monthly amount as similarly situated persons appointed under the Rogi Kalyan Samiti, for the period 01.06.2022 to 08.05.2024. +1 more

Court's answer

The applicants are entitled to the same amount per month from 01.06.2022 till 08.05.2024 as similarly situated persons are being paid.

Ratio / Principle

The delay of 142 days in filing the appeal is condoned and the application (CMP(M) No. 2049 of 2025) stands disposed of.

Key takeaways

The interim order passed on 11.03.2025 is modified accordingly.ratio¶¶22

Detailed headnote1 paragraphs

Division Bench (G.S. Sandhawalia, Chief Justice and Bipin C. Negi, Judge), order dated 19.06.2026: (i) condoned the delay of 142 days in filing CMP(M) No. 2049 of 2025, noting that delay had already been condoned in the main matter LPA No. 399 of 2024, and disposed of the application; (ii) in applications by Laboratory Assistants engaged as a stop-gap arrangement (not against sanctioned posts) seeking the regular pay scale w.e.f. June 2022 with arrears and interest, observed that despite 11 years of service (completed 04.06.2025) the applicants were paid only Rs. 8,721/- per month while similarly situated Rogi Kalyan Samiti appointees received more than Rs. 20,000/- per month, and held the applicants entitled to the same monthly amount as similarly situated persons from 01.06.2022 till 08.05.2024; (iii) modified the interim order dated 11.03.2025 and disposed of the applications; (iv) admitted LPA No. 28 of 2026, directed its registration, and ordered it to be listed along with LPA No. 399 of 2024 and connected matters. No statute or precedent was cited.

State of HP & others Vs. Pallavi Chauhan & another a/w connected matters.

LPA No. 399 of 2024 a/w LPA Nos. 402 & 403 of 2024, LPA Nos. 833 & 862 of 2025 & LPA No. 28 of 2026 & CMP (M) No. 2049 of 2025

Item No.D-4

19.06.2026 Present : Mr. Arsh Rattan, Deputy Advocate General, for the appellants/applicants-State, in all the appeals.

Mr. Nishant Khidtta, Advocate, for respondent No. 1 in LPA Nos. 399, 402 & 403 of 2024.

Mr. Mehar Chand, Advocate, for respondent No. 1 in LPAs No. 833 & 862 of 2025 & LPA No. 28 of 2026.

Mr. Manohar Lal Sharma, Advocate, for respondent No. 2, in all the appeals.

CMP(M) No.2049 of 2025

Notices issued to the respondents have been

received back after duly served. However, none has put in appearance on their behalf.

Keeping in view the fact that delay has already been condoned in the main matter i.e. LPA No.399 of 2024, the delay of 142 days in filing the appeal is condoned. The application sands disposed of.

LPA No. of 2026

Appeal be registered.

Admit.

List along with LPA No.399 of 2024 along with

connected matters.

CMP No.17057 of 2025 in LPA No.399 of 2024, CMP No.17299 of 2025 in LPA No.402 of 2024 and CMP No.15905 of 2025 in LPA No.403 of 2024

The present applications have been filed for paying regular pay scale of Laboratory Assistant to the applicants w.e.f. June, 2022 with arrears along with interest till the final decision of the appeal.

It has been contended in the present applications that the applicants are getting only Rs.8,721/-, per month till date, despite completion of 11 years of service on 04.06.2025, whereas the other similarly situated persons appointed under the Rogi Kalyan Samiti (RKS) are getting more than Rs.20,000/per month, in terms of notification dated 28.03.2016 (Annexure A-2).

From the perusal of the reply of the State, it is evident that the applicants were not appointed against the sanctioned post, but were appointed as stop gap arrangement. It is not disputed that similarly situated persons are being given a sum of Rs.20,000/- per month and not even minimum wages per month are being given to the applicants.

In the aforesaid facts and attending circumstances of the case, the applicants are entitled for the same amount per month from 01.06.2022 till 08.05.2024, as similarly situated persons being paid.

The interim order passed on 11.03.2025, is accordingly

modified. The applications stand disposed of.

LPA No.28 of 2026

Admit.

(G.S. Sandhawalia) Chief Justice

(Bipin C. Negi) Judge

19^th June, 2026 (Gaurav Rawat)