The High Court of Himachal Pradesh entertained a writ petition challenging an office order denying overstay allowance. Upon noting a fresh consideration order dated 14.09.2026 which granted the allowance retrospectively, the court disposed of the petition without further adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 15490/2026 Decided on: 15.09.2026
Subhash Chand …Petitioner
Versus
HRTC & Anr.
.…Respondents.
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Manohar Lal Sharma, Advocate.
For the respondents:
Ms. Shrutika Chauhan, Advocate.
Jyotsna Rewal Dua, J
This writ petition has been filed for the grant of following
substantive reliefs: -
“(i) That impugned office order dated 19.05.2026, Annexure P- 9, may kindly be quashed and set aside, being contrary to the settled position of law.
(ii) That the writ in the nature of mandamus may very kindly be issued to the respondent corporation to pay the overstayal allowance to the petitioner w.e.f. 10.01.2009 08.02.2016 with interest @ 12% per annum as per the settled position of law.
2. Following order was passed in this matter on
11.09.2026 noticing the grievance of the petitioner: -
“In view of the facts evident from the impugned office order dated 19.05.2026, and despite the existence of such facts, the rejection of petitioner’s case qua his entitlement to the overstayal
1 Whether reporters of the local papers may be allowed to see the judgment? yes
2
allowance by respondent No. 1 under the office order dated 19.05.2026, and despite the opportunity granted to the respondents vide order dated 09.09.2026 passed in the present writ petition, having been availed by them for passing fresh consideration order, let respondent No. 1 attend the hearing of the case on the next date.
List on 15.09.2026.”
Pursuant to the above, learned counsel for the respondents has placed on record fresh consideration order dated 14.09.2026, whereunder, on account of retrospective regularization of petitioner’s services w.e.f. 10.01.2007, the respondents have granted overstay allowance to the petitioner on completion of three years of service, i.e. w.e.f. 10.01.2010 to 08.02.2016 (when the petitioner was relieved).
Taking note of the above consideration order, the present writ petition stands disposed of. In case the petitioner has any further grievance, it is for him to seek appropriate remedy, in accordance with law. Pending miscellaneous application(s), if any, shall also stand disposed of.
15th September, 2026(rohit)
Jyotsna Rewal Dua Judge
1 issue framed by the court
Whether to grant incidental leave for registration of office order regarding overstay allowance.
Subhash Chand
HRTC
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
