Sunil Kumar v. The State of HP and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 17372/2026

Decided on: 06.10.2026

Sunil Kumar

…Petitioner

Versus

State of HP and Ors

. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner: Mr. Onkar Jairath, Sr. Advocate

with Mr. Piyush Mehta, Advocate.

For the respondents: Ms. Seema Sharma, Deputy Advocate General

Jyotsna Rewal Dua, J.

Notice. Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2.

This writ petition has been filed for the grant of following substantive reliefs: - "i. That issued writ in the nature of Certiorari, or any other appropriate writ, order or direction, quashing and setting aside action/decision of Respondents whereby the Petitioner has been denied the benefit of the Higher stage of Pay admissible to the post of Junior Office Assistant (IT) after completion of two years of regular service, merely on

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

the ground that the pay of the Petitioner had already reached/crossed the stage of Rs.31,200/- on account of the benefit granted towards his past military service.

ii) That issued writ in the nature of Mandamus directing the Respondents to grant the Petitioner the benefit of the Higher stage of pay applicable to the post of Junior Office Assistant (IT) after completion of two years of regular service, in terms of Rule 7A read with Schedule-II of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, as amended vide Notification dated 06.09.2022, from the date the Petitioner became eligible for the said benefit.

iii) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to re-fix the pay of the Petitioner by first granting him the Higher stage of pay admissible after completion of two years of regular service and thereafter giving effect to additional increments/benefit of past military service already granted to him vide Office Order dated 20.01.2023, and consequently revise his pay and all other service benefits accordingly.

iv) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondents to release in favour of the Petitioner all consequential monetary benefits and arrears arising out of such re-fixation of pay, together with interest at the rate of 9% per annum, from the date the amount became due till its actual payment.."

3.

Record appended with the writ petition does not reflect any representations of the petitioner having been made to the respondents for the redressal of his grievances made in this writ petition pertaining to his claim of benefit of higher stage of pay on completion of two years of regular service. At this stage, learned counsel for the petitioner submits that petitioner has represented to the respondents, but respondents have not decided petitioner's representation.

4.

Since the representations are not part of the writ petition this writ petition is disposed of with liberty reserved to the petitioner to file a comprehensive representation to the respondents for the redressal of his grievance, within two weeks, In case of filing of such representation, respondents No.2/ competent authority shall consider and decide the same in accordance with law within three weeks, thereafter. The order so passed be communicated to the petitioner.

The instant petition to stand disposed of in above terms. Pending miscellaneous applications, if any, shall also stand disposed of.

Jyotsna Rewal Dua

Judge October 6, 2026

R.Atal.