Ashwani Kumar v. Rakesh Kanwar and Another

2026:HHC:43179

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

COPC No. 1290 of 2026

Date of decision: 05.10.2026. Ashwani Kumar

...Petitioner.

Versus

Rakesh Kanwar & another

...Respondents. Coram: The Hon'ble Mr. Justice Ranjan Sharma, Judge.

Whether approved for reporting?1 For the petitioner : Mr. Sarita Rana, Advocate vice Mr. Vikas Rajput, Advocate.

For the respondents : Mr. Sumit Sharma, Deputy Advocate General.

Ranjan Sharma, Judge:

Petitioner, Ashwani Kumar, has invoked the contempt jurisdiction of this Court, alleging willful and intentional non-compliance of the judgment dated 05.01.2024 [Annexure P-1] passed in CWP No. 227 of 2024, Sanjeev Kumar and Others v. State of Himachal Pradesh, [wherein, present petitioner was at Serial No. 18], whereby respondents were directed to extend the benefit of deemed regular appointment as Trained Graduate Teacher from the date of initial appointment on a contract basis, with further direction that respondents shall grant consequential benefits notionally, and

Whether reporters of Local Papers may be allowed to see the

judgment? Yes

shall give the eligible monetary benefits admissible to the petitioner in accordance with law.

2.

Learned Counsel for the petitioner submits that though Director of Elementary Education has issued an office order dated 18.06.2024 [Annexure P-2] granting benefit of deemed regular appointment to the petitioners as TGT from the date of initial contractual appointment, but neither pay has been fixed notionally from due date nor eligible mandating benefits have been released, as yet.

3.

Notice was issued to the Respondents on

11.09.2026 with directions to file the Response/Compliance-Affidavit.

4.

Upon listing of the case today, Learned State Counsel furnishes a copy of Instructions dated 03.10.2026, as imparted to him by Director of School Education, Himachal Pradesh alongwith a copy of the order dated 03.10.2026 (Taken on record), admitting that petitioner has been granted deemed regular appointment in the regular pay scale of Rs. 10,300–34,800 + 3600 GP with consequential benefits from the date of his initial contract joining, subject to monetary benefits being restricted to three years prior to filing of writ petition.

5.

Instructions dated 03.10.2026 (supra) indicate that monetary benefits of Rs 1,82,082/- are due for which, the case

has been sent by Director of School Education to Secretary [Education] for approval/decision and on receipt of approval/ directions, further action shall be taken without delay. Copy of Instructions were furnished to Learned Counsel for petitioner.

6.

Upon listing of the matter, in post-lunch session, Learned Counsel for petitioner, on Instructions of Mr. Vikas Rajput, Original Counsel, submits that the matter may be given a closure, in terms of aforesaid Instructions [Statement Taken on Record].

7.

Considering the prayer in above perspective, instant proceedings are closed, with a direction to the Respondents to release the monetary benefits, in terms of the judgment [Annexure P-2] and stands in Instructions dated 03.10.2026, as referred to above, expeditiously, and not later than 31.01.2027.

8.

As prayed, liberty is reserved to petitioner to seek execution, in case, the petitioner is still aggrieved hereinafter, in accordance with law.

9.

In aforesaid terms, the instant proceedings are closed and notice is discharged.

(Ranjan Sharma)

Judge 5th October, 2026.

(kck)