Disposed

Om Parkash and Anr. v. State of Hp and Ors.

Himachal Pradesh HC18 Sept 2026CWP/5842/2022

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AI extract

What is this about?

The petitioners sought quashing of an office memorandum and consequential letter, and direction to credit earned leaves due to retrospective regularization. The court disposed of the writ petition without examining merits, directing the respondents to consider and decide the petitioners' cases in accordance with law and the Anita Kumari judgment within six weeks.

What did the court decide?

Direction to respondents to consider and decide petitioners' cases regarding earned leave benefits on retrospective regularization in accordance with law and Anita Kumari judgment within six weeks, and communicate the decision to petitioners.

Om Parkash and Anr. Vs State of Hp… — Pension and Retirement Benefits | Himachal Pradesh HC (2026)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.5842 of 2022

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Decided on: 18^th September, 2026

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Om Parkash and another …..Petitioners

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Versus

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State of H.P. and others .....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. Vikas Rajput, Advocate.

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For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General.

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-----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

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Despite grant of repeated opportunities, the respondents have not filed reply. The matter has

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accordingly been heard at this stage.

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2. Petitioners have prayed for grant of following

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substantive reliefs:-

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“a. That office memorandum dated 06-07-2020 (Annexure P-10) and consequential letter (Annexures P-9 (Colly) may be quashed and set aside.

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b. That respondent may kindly be directed to credit the earned leaves in the leave account of petitioners, admissible to them due to retrospective regularization of their services.

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

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c. That all earned/privileged leaves which has not availed by petitioner when they have served the department after 6-2-2007, may be counted as earned leave, as part of consequential benefits, strictly in accordance with judgment passed by this Hon’ble Court and same be credited in leave account of petitioners.”

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3. Learned counsel for the petitioners submits that

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grievance of the petitioners in relation to the financial benefits in lieu of the earned leave falling to their credit on account of their retrospective regularization subject to maximum of 300 earned leaves in their total service career, has already been adjudicated upon in Anita Kumari Versus State of H.P. & Ors.² . Learned counsel further submits that the petitioners would be satisfied in case the respondents are directed to consider and decide their respective cases in light of above decision within a fixed time-schedule. Learned Additional Advocate General is not averse to this prayer.

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4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the respective cases of the petitioners in accordance with law as well as taking into consideration the above judgment by passing

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2 CWP No.8382 of 2025, decided on 15.07.2025

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appropriate order, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

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The writ petition stands disposed of in the above

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terms, so also the pending miscellaneous application(s), if

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any.

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Jyotsna Rewal Dua September 18, 2026 Judge Mukesh

Om Parkash and Anr. v. State of Hp and Ors.

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Om Parkash and Anr. v. State of Hp and Ors.

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