Hpsebl Vs Ashwani Kumar — Himachal Pradesh HC (2026) — LawSathi Research

Hpsebl Vs Ashwani Kumar — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned judgment of the learned Single Judge in CWP No.988 of 2024 set aside; CWP No.988 of 2024 restored to its original number and tagged along with CWP No.8504 of 2025 (Madhu Deshta Vs. State of HP and Ors) with connected matters; pending applications, if any, disposed of.

Issue for consideration

Whether, the base judgment (CWP No.7376 of 2023) having been set aside in LPA No.386 of 2024 (decided 22.05.2025), the learned Single Judge's judgment in CWP No.988 of 2024 — which had granted the petitioner the benefits flowing from that base judgment — could still be sustained.

Court's answer

As the base of the Single Judge's judgment (the decision in CWP No.7376 of 2023, set aside in LPA No.386 of 2024) had been knocked off, the impugned judgment in CWP No.988 of 2024 cannot be sustained.

Ratio / Principle

Accordingly, the present appeal is allowed and the impugned judgment passed by the learned Single Judge is set aside.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Division Bench: G.S. Sandhawalia, Chief Justice and Bipin Chander Negi, Judge) in LPA No.579 of 2025 — HPSEBL and Anr. v. Ashwani Kumar and Anr., decided on 27.05.2026. Appeal against the judgment dated 29.04.2024 of the learned Single Judge in CWP No.988 of 2024 (Ashwani Kumar v. HPSEBL and Ors.), which had allowed the writ petitioner the benefits granted in CWP No.7376 of 2023 (H.P. Secretariat & other Affiliated Pensioners Welfare Association v. State of HP, decided 22.03.2024). Noting that the base judgment had been knocked off — the Single Judge's order having been set aside in LPA No.386 of 2024 (decided 22.05.2025), with that writ petition restored to its original number to be heard with CWP No.2108 of 2023 (Bhagat Ram v. HRTC), pending before Division Bench-1 and fixed for 22.06.2026 — the Division Bench held that the impugned judgment could not be sustained. The appeal was allowed, the impugned judgment was set aside, and CWP No.988 of 2024 was restored to its original number and tagged along with CWP No.8504 of 2025 (Madhu Deshta v. State of HP and Ors) with connected matters; pending applications were disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

LPA No.579 of 2025 Decided on : 27.05.2026

HPSEBL and Anr.		...Appellants
	Versus
Ashwani Kumar and Anr.		…Respondents.

Coram

Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice.

Hon’ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?¹

For the appellants	: Ms. Sunita Sharma, Sr. Advocate with Ms. Harshita Dorga, Advocate.
For the respondents	: Mr. Ashish Verma, Advocate, for respondent No.1.

G.S. Sandhawalia, Chief Justice (Oral)

By way of the present appeal, a challenge has been laid to the impugned judgment passed by the learned Single Judge in CWP No.988 of 2024, titled Ashwani Kumar Vs.

HPSEBL and Ors., dated 29.04.2024, whereby the petition was allowed and the petitioner was held entitled for the benefits as were granted in CWP No.7376 of 2023, titled

H.P. Secretariat & other Affiliated Pensioners Welfare

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

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Association VS. State of HP and Others , decided on 22.03.2024.

It is brought to our notice that LPA No.386 of 2024, titled State of HP and Ors. Vs. H.P. Secretariat & other Affiliated Pensioners Welfare Association , was preferred against the said judgment and it was heard along with LPA No.109 of 2024, titled State of HP and Anr. Vs. Roshan Lal Khajuria and Anr. with connected matters, and

was decided on 22.05.2025, and the order passed by the learned Single Judge was set aside and the writ petition was directed to be restored to its original number and to be heard with CWP No.2108 of 2023, tilted Bhagat Ram Vs. HRTC , which is stated to be pending now before the Division Bench-

1 and is fixed for 22.06.2026.

Keeping in view the fact that the base of the judgment has been knocked off, we are of the considered opinion that the judgment cannot be sustained in the aforesaid facts. Accordingly, the present appeal is allowed and the impugned judgment passed by the learned Single Judge is set aside.

-3-

Let CWP No.988 of 2024 be restored to its original

number and be tagged along with CWP No.8504 of 2025, titled Madhu Deshta Vs. State of HP and Ors . along with

connected matters.

Accordingly, the present appeal stands disposed of.

Pending applications, if any, also stand disposed of.

(G.S. Sandhawalia) Chief Justice

(Bipin Chander Negi) Judge

17^th July, 2026 (Gaurav Rawat)