Manoj Kumar Bansal and Ors. Vs Rekesh Kanwar and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

Manoj Kumar Bansal and Ors. Vs Rekesh Kanwar and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondents to release consequential benefits, if any, flowing from the pay-fixation compliance, expeditiously, preferably within three months; petition closed as nothing remained to be adjudicated.

Issue for consideration

Whether the pay of the petitioners for the period served on contract basis has been fixed, in light of Ghanshyam Dass, at the minimum of revised pay scale band + Grade Pay with the applicable hike from 01.01.2016 till regularisation, such that nothing remains to be adjudicated in the petition.

Court's answer

This Court found merit in the contention of the learned Additional Advocate General and held that, with the compliance documents on record, nothing remains to be adjudicated in the instant petition.

Ratio / Principle

The petition was closed with a direction to the respondents to ensure that consequential benefits, if any, flowing from the aforesaid compliance, if not already released, are released expeditiously, preferably within a period of three months.

Detailed headnote1 paragraphs

COPC No.1431 of 2025, High Court of Himachal Pradesh, Shimla; decided 06.01.2026 by Sandeep Sharma, J. Petitioners Manoj Kumar Bansal and Others; Respondents Shri Rakesh Kanwar and Others. Learned Additional Advocate General placed on record communication dated 05.01.2026 of Director, School Education, Himachal Pradesh, enclosing office order dated 05.01.2026 of Deputy Director of School Education (Elementary), Bilaspur, whereby respondents, having considered the petitioners' case in light of Ghanshyam Dass, fixed the pay of petitioners for the period served on contract basis at the minimum of revised pay scale band + Grade Pay, with the hike due in terms of revised notification, from 01.01.2016 till their regularisation, subject to final outcome of LPA being filed by the State. Court took the documents on record, found merit in the State's contention, held nothing remained to be adjudicated, closed the petition, and directed that consequential benefits, if any, flowing from the compliance, if not already released, be released expeditiously, preferably within three months.

IN THE HIGH COURT OF HIMACHAL P RADESH, SHIMLA

COPC No.1431 of 2025 Date of Decision: 06.01.2026

___________________________________________________________ Manoj Kumar Bansal and Others ……...Petitioners Versus Shri Rakesh Kanwar and Others …....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

____________________________________________________________ For the Petitioners: Mr. Mamta Garg, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General.

Sandeep Sharma, J. (Oral)

While placing on record communication dated 05.01.2026, issued under the signatures of Director, School Education, Himachal Pradesh, enclosing therewith copy of office order dated 05.01.2026, issued under the signatures of Deputy Director of School Education (Elementary), Bilaspur, Himachal Pradesh, Mr. Rajan Kahol, learned Additional Advocate General, states that respondents after having considered the case of the petitioners in light of Ghanshyam Dass have fixed the pay of the petitioners for the period they served on contract basis at the minimum of revised pay scale band + Grade Pay along with such hike to which they are entitled to in terms of revised notification from 01.01.2016 till their regularisation subject to final outcome of LPA being filed by the State.

2

Having perused aforesaid documents, which are taken on record, this Court finds merit in the contention of Mr. Rajan Kahol, learned Additional Advocate General and as such, nothing remains to be adjudicated in the instant petition and accordingly the same is closed, with the direction to respondents to ensure that consequential benefits, if any, flowing from aforesaid compliance, if not already released, are released expeditiously, preferably , within a period of three months.

January 06, 2026

( Rajeev Raturi )

(Sandeep Sharma), Judge