IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17562 of 2025 Decided on: 13th November, 2025 ------------------------------------------------------------------------------------- Sahil …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------f-------------------------------

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. C.N. Singh, Dr. Nidhi Singh and Mr. Anshul Gandhi, Advocates.

For the Responodents: Mr. L.N. Sharma, Additional Advocate General.

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Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional 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 mandamus or other appropriate writ order or direction, directing the respondents to continue with and regularize the contractual services of the petitioner on the post of Facilitator in the Department of Horticulture (i.e. Respondent no.1 to 3) after completion Whether reporters of print and electronic media may be allowed to see the order? Yes.

of Two years of contractual service i.e. w.e.f. 25.09.2023 on the post of Facilitator in terms of State Government Regularization policy with all consequential benefits.

ii) Issue a writ of Mandamus or other appropriate writ .

order or direction the respondents to condone the bPreak in contractual service, on the post of Facilitator w.e.f. 31.10.2024, on account of oral disengagement of the Petitioner by the Respondents, till his joining back, regularization towards continuity in service for all intents and purposes and re-fix the pay of the petitioner and pay the entire consequential be nefits in favour of the Petitioner with in time bound manner alongwith 12%

interest.

iii) In Alternative Issue a writ of Mandamus or other appropriate writ order or direction directing the respondents to count the contractual service w.e.f. 26.11.2024 being tdone by the Petitioner under HPSHIVA, underr Respondent no.1 & 2, till his joining back, regularization towards continuity in service for all intents and purposes and re-fix the pay of the Petitioner and pay the entire consequential benefits in favour of the oPetitioner with in time bound manner alongwith 12%

Interest.

iv) Issue a writ of Mandamus or other appropriate writ order or direction, by directing the respondents to pay the equal pay and perks to Petitioner from the initial date of her appointment Or after completion of Two hyears of contractual service as paid to regular employees of the government department in terms of the law laid down by the Hon’ble Apex Court in India with all consequential benefits.”

4. Learned counsel for the petitioner submits that case of the petitioner, issue raised by petitioner and reliefs claimed herein have already been adjudicated in Nitin Thakur Versus State of H.P. and others2, which was disposed of with following operative directions:-

“89. Consequently, in view of the detailed discussion made herein above as well as law taken into consideration, present petitions are allowed and respondents are

2 CWP No.4971 of 2024, decided alongwith connected matters on 23.09.2025

directed to regularize the contractual services of the petitioners on the post they were offered engagement in the Department of Horticulture after completion of two years contractual service in terms of regularization

policy framed by the Government of Himachal Pradesh.” .

It has been informed by learned counsel for the parties that the aforesaid judgment was assailed by the State by way of State of HP & Ors. vs. Nitin Thakur & Ors.3, wherein vide order dated 12.11.2f025, the direction of regularization has been stayed by the Hon’ble Principal Division Bench, however, with the r