Sunita Nadda and Others v. State of HP and Others

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.3128 of 2020

Decided on 10th September 2026 Smt. Sunita Nadda and others

…Petitioners Vs. State of Himachal Pradesh and others

…Respondents Coram Hon'ble Mr. Justice Ajay Mohan Goel, Judge Hon'ble Mr. Justice Yogesh Jaswal, Judge 1Whether approved for reporting? For the petitioners : Mr. V.S. Chauhan, Senior

Advocate with Mr. V.S. Kanwar,

Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional

Advocate General, for

respondents No.1 to 3.

Respondents No.4, 5 and 28 are

already ex parte.

Mr. Gambhir Singh Chauhan,

Advocate, vice Mr. Surender

Verma, Advocate, for respondents

No.6 to 27 and 29 to 31.

Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

"i. That the notification dated 25.11.1998 Ann. P-1

may be declared null and void in the eyes of law

as per the submissions made herein above.

ii. That the R&P Rules Ann. P-10 framed for the

post of Assistant Regional Transport Officer dated

20.6.2020 and proposed R&P rules RTO may be

declared null and void in the interest of justice

being ultra vires and in any case the promotion

done by the department for those posts, that may

be subject to the decision of the present case.

iii. That the Recruitment and Promotion Rules for

the Himachal Pradesh Transport Department

Class-III Service (Recruitment Promotion and

Certain Conditions Of Service) Rules, 1978 be

declared valid operative and applicable as on the

date of appointment of the Petitioners these rules

exists and has not been repealed and amended

at that time and the appointment of the

Petitioners has been done as per the Notification

dated 9.8.1978.

iv. Issue a writ of mandamus directing the

respondent authorities to create further

promotional avenues for the post presently held

by the present petitioner i.e. Steno typist by

framing and notifying recruitment and promotion

Rules or by creating such suitable post to which

the petitioner can be promoted and the case may

be treated as special case for the further

promotion for the aforesaid post."

2.

Learned Senior Counsel for the petitioners submits that in light of notification dated 18.06.2012 (Annexure RA-2) appended with the rejoinder filed by the petitioners, the petitioner would be satisfied, in case, the respondents are directed to consider their case for further promotion as per said notification.

3.

We are of the considered view that it is for the petitioners to approach the Authority in this regard.

4.

However, as a matter of indulgence, we dispose of this petition without adjudicating the issues raised therein on merit with the observation that the petitioners shall be at liberty to approach the Authority for the consideration of their case of regularization in terms of notification dated 18.06.2012. It is clarified that we are not expressing any opinion on the merit of the case either way.

5.

In the event of the petitioners filing any representation before the Authority within four weeks from today, then, an endeavour be made to decide the same in accordance with law within twelve weeks from the date of the receipt thereof. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel)

Judge

(Yogesh Jaswal)

Judge September 10, 2026 (Vinod)