Allowed

Reeta Devi v. the State of Hp and Others

Himachal Pradesh HC5 May 2026CWP/673/2026

Case brief

AI extract

What is this about?

Petitioner sought regularization and pension benefits for her late husband, a contractual teacher, relying on precedents. The Court declared the constitutional challenge to the 2024 Act infructuous due to a prior judgment and directed the State to process and release all admissible financial benefits to the legal heirs.

What did the court decide?

Respondents directed to consider the case for regularization and release pensionary dues, benefits, and interest by 15.06.2026.

Reeta Devi Vs the State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2026)

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2026:HHC:14711

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 673 of 2026. Date of decision: 05.05.2026.

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_____________________________________________________________________________ Reeta Devi ...Petitioner.

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Versus

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State of Himachal Pradesh and Ors.

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…Respondents.

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Coram

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Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge.

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Whether approved for reporting?¹

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____________________________________________________________________________ For the Petitioner. Ms. Rajni Gandhi and Mr. Mukesh Sharma, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Additional Advocate General._

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____________________________________________________________ Vivek Singh Thakur, Judge

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Despite availing numerous opportunities, State has not filed reply and, therefore, in terms of previous order dated 29.04.2026, matter is being adjudicated and decided on the basis of material already on record.

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Petitioner is wife of late Ashwani Kumar, who was appointed as Trained Graduate Teacher (Non-Medical) on contract basis, vide

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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2026:HHC:14711

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CWP No. 673 of 2026

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Office Order No. EDN-H (2) B (2)5/2008—(Non-Med)-Deptt, dated 14^th November, 2008, issued by Director of Elementary Education, Himachal Pradesh and he was posted in Government High School Sanghar (Kullu), as also evident from copy of Office Order dated 14.11.2008 (Annexure P- 1), wherein he is appearing at Sr. No. 138.

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Later on place of posting was modified to Government Middle School Khairi u/c GSSS Jangal Berri (Hamirpur) and in pursuant to that, he joined his duty at Jangal Berri.

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Vide Office Order No. EDN-H (2) B (2)-34/2014Regularization(contract) dated 22^nd June, 2015, issued by Directorate of Elementary Education, Himachal Pradesh, Ashwani Kumar was regularized with immediate effect, on completion of five years of contractual service as on 31.03.2015.

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Ashwani Kumar expired on 30.09.2022. His death certificate has been placed on record as Annexure P-5.

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Petitioner and proforma respondents No. 4 to 7 are legal heirs of deceased Ashwani Kumar, as evident from Legal Heir Certificate placed on record as Annexure P-6.

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In aforesaid facts, petitioner being wife of the deceased Ashwani Kumar is claiming consequential benefits, as would have been available to Ashwani Kumar on account of the Policies of the State, as

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2026:HHC:14711

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CWP No. 673 of 2026

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well as verdicts of the Courts, including benefit of contractual period of service along with increment, seniority and all other monetary benefits including pension.

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Petitioner has filed this petition, seeking following

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substantive reliefs:-

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“(i) Issue a writ of certiorari declaring “The Himachal Pradesh Recruitment and Conditions of Services of Government Employees Act, 2024”, notified vide Notification dated 07.02.2025, as ultra vires, unconstitutional, and void ab initio .

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(ii) Issue a writ of mandamus directing the respondents to grant deemed regularization to Late Sh. Ashwani Kumar as TGT (Non-Medical) from the date of his initial appointment, i.e., November 2008, and to release all consequential benefits, including differential pay, arrears, increments, allowances, seniority, and monetary benefits from November 2008 to June 2015, along with interest @ 9% per annum, to the petitioners as legal heirs.

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(iii) Direct the respondents to recalculate and release terminal benefits, pensionary dues, family pension, gratuity, and leave encashment, treating the entire service as regular”

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First prayer has become infructuous, as vide judgment dated 25.04.2026 passed in CWP No.3361 of 2025 titled as Devinder

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Kumar & others vs State of H.P and others connected matters , this Court has already quashed and set-aside the Himachal Pradesh Recruitment and Conditions of Services of Government Employees Act, 2024 and, therefore, finding regarding this prayer in the said judgment shall be applicable to present case mutatis mutandis for all intents and purposes.

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2026:HHC:14711

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CWP No. 673 of 2026

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So far as second and third reliefs are concerned, petitioner has already submitted representation to Secretary (Education) to the Government of Himachal Pradesh as well as to Director, Department of Elementary Education, Shimla, H.P. under the Department of School Education.

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Admittedly, present case is squarely covered by the judgment dated 04.10.2019, passed by Co-ordinate Bench of this High Court in LPA No. 54 of 2013 , titled as State of H.P. and Ors. vs. Om Prakash , decided along with LPA No. 21 of 2013 titled as State of H.P. and others vs. Ravinder Kumar and another connected matters.

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Accordingly, undisputedly, petitioner being wife of the deceased and other eligible legal heirs, if any, are entitled to receive the financial benefits, which were and are payable in favour of late Ashwani Kumar.

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In aforesaid facts and circumstances, respondents especially Director Education, H.P., are directed to consider the case of the petitioner in aforesaid terms, as expeditiously as possible latest by 15.06.2026 and communicate the same to the petitioner immediately and further to ensure release of all dues and admissible financial benefits to legal heirs of the deceased Ashwani Kumar, who are eligible to receive

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2026:HHC:14711 CWP No. 673 of 2026

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the same, including pensionary benefits in accordance with law, as applicable.

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Needless to say that for redressal of any surviving grievance, petitioner shall have the liberty to avail appropriate remedy, including approaching the Court by filing fresh petition.

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Petition is allowed and disposed of in aforesaid terms, so

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also pending applications, if any.

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(Vivek Singh Thakur), Judge.

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(Ranjan Sharma), 5^th May, 2026 (susheel) Judge.

Reeta Devi v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

Reeta Devi v. the State of Hp and Others

Case brief

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