Ram Kumar v. The State of HP and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.20832 of 2025

Decided on: 31.12. 2025 ------------------------------------------------------------------------------------- Ram Kumar

…..Petitioner

Versus

State of H.P. and others

.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. C.N. Singh and Mr. Anshul

Gandhi, Advocates.

For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents.

2.

With the consent of learned counsel for the parties, the matter is heard at this stage.

3.

This writ petition has been filed for the grant of following substantive reliefs:- "i) Issue a writ of Certiorari, Mandamus or other appropriate writ or direction, directing the respondents to regularize the contractual service of the petitioner on the post of Sr.TB Laboratory Supervisor (STLS) after completion of two years of contractual service i.e. w.e.f.

24.09.2024 at Community Health Center(CHC)

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

Sangrah, District Sirmour, Himachal Pradesh, with all consequential benefits and re-fix the pay of the petitioner and release the arrears in her favour along with 9% interest within time bound manner.

ii) Issue a writ of Mandamus or other appropriate writ order or direction, by directing the respondents to pay he equal pay and perks to Petitioner on the post of Laboratory Technician from the initial date of his appointment Or after completion of Two years of contractual service as paid to the Sr. TB Laboratory Supervisor (STLS) on regular basis in the Respondent department in terms of the law laid down by the Hon'ble Apex Court of India with all consequential benefits.."

4.

Learned counsel for the petitioner submitted that the issue raised by the petitioner and the reliefs prayed for by him have already been adjudicated upon in Anuradha Thakur Versus State of Himachal Pradesh and Ors.2, Mohan Singh and Ors. Versus State of Himachal Pradesh and Ors.3 and Nitin Thakur Versus State of H.P. and others4. Learned counsel further submits that the petitioner would be content in case the respondents are directed to examine his case in light of the aforesaid judgments within a fixed time schedule. Learned Assistant Advocate General is not averse to this prayer.

5.

Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to respondents/ competent authority to consider and decide the case of the

2 CWPOA No.3621 of 2019, decided on 10.09.2025 3 CWP No.814 of 2020, decided alongwith connected matters on 27.10.2025 4 CWP No.4971 of 2024, decided alongwith connected matters on 23.09.2025

petitioner in accordance with law as well as taking into consideration the above judgments by passing appropriate order, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua December 31, 2025

Judge R.Atal