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Jaipal Garg v. the State of Hp and Others

Himachal Pradesh HC18 Sept 2026CWP/15083/2026

Case brief

AI extract

What is this about?

The petitioners challenged the inaction of the State in finalizing the tentative seniority list of Ayurvedic Medical Officers circulated on 02.03.2021. The respondents admitted that objections were received and examined, and the matter was referred to the Department of Personnel for clarification. The Court noted that the 2024 Act cited by the respondents had been declared illegal in Devinder Kumar & Ors. Vs. State of H.P. & Anr. The Court disposed of the writ petition with a direction to finalize the seniority list in accordance with law within three months.

What did the court decide?

Direction to respondents to finalize the seniority list of Ayurvedic Medical Officers in accordance with law within three months.

Jaipal Garg Vs the State of Hp and Others — Service and Employment | Himachal Pradesh HC (2026)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.15083 of 2026

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Decided on: 18^th September, 2026

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Dr. Jaipal Garg and others …..Petitioners

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Versus

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State of H.P. and another .....Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioners: Mr. Gambhir Singh Chauhan and Ms. Anamika Kohli, Advocates.

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For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge

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Following order was passed in this matter on

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31.08.2026:-

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“Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

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Petitioners’ grievance is that the tentative seniority list issued vide office memorandum dated 02.03.2021 has not been finalized till date.

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Let learned Deputy Advocate General to have instructions from the respondents within a week.

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List on 14.09.2026.”

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2. Pursuant to above order, learned Deputy Advocate General has placed on record office instructions dated 17.09.2026 from the Director Ayush, Himachal Pradesh and submits that no separate reply is required to be filed by the respondents.

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3. The office instructions do not dispute that tentative seniority list of Ayurvedic Medical Officers was circulated on 02.03.2021, inviting objections and in response thereto, multiple objections were received by the Department. In fact, office instructions are also to the effect that objections were examined by the Department and the matter was referred to the Department of Personnel for clarification to determine seniority between direct recruits and batch-wise recruitees. That advice of the Department of Personnel was also received.

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4. In the office instructions, respondents have tried to take shelter behind the ‘Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024’ for having not finalized the tentative seniority list dated 02.03.2021 till date. The Act came into force much later. Admittedly, as of now, the Act has been declared illegal (Re: Devinder Kumar & Ors. Vs. State of

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Himachal Pradesh & Anr.² ). It is surprising that the tentative seniority list circulated on 02.03.2021 is yet pending finalization. This inaction on part of the respondents will adversely affect service rights, viz. seniority position, timely promotions, pay scale etc. of concerned officers including the petitioners.

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In view of the above, this writ petition is disposed of with direction to the respondents to finalize the seniority list of Ayurvedic Medical Officers in accordance with law within a period of three months from today. Pending miscellaneous application(s), if any, also stand disposed of.

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Jyotsna Rewal Dua September 18, 2026 Judge Mukesh

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2 CWP No.3361 of 2025 decided a/w connected matters on 25.04.2026

Jaipal Garg v. the State of Hp and Others

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Jaipal Garg v. the State of Hp and Others

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