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2025 Supreme(Online)(HP) 9216

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
RAM LAL – Appellant
Versus
HPU – Respondent
CWP/6912/2024



Petitioner Advocates:Ashwani Kumar Sharma Rajani Kumari Nitin Rishi ,Respondent Advocate: Shivom Vashista Ashok Kumar Verma Adarsh Kumar Vashista Archana Dutt Priya Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 6999 of 2024 with

CWP Nos. 6912 and 698

9 of 2024

Reserved on: November 28, 2025

Date of Decision: December 4, 2025

1. CWP No. 6999 of 2024

Vikas Sharma …….Petitioner

Versus

Himachal Pradesh University and others ….Respondents

2. CWP No. 6912 of 2024

Ram Lal …….Petitioner

Versus

Himachal Pradesh University an d others ….Respondents

3. CWP No. 6989 of 2024

Dinesh Kumar …….Petitioner

uVersus

Himachal Pradesh University and others ….Respondents

__________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? 1 Yes.

For the Petitioner(s): Mr. Ashwani K. Sharma, Mr. Nitin Rishi and

Ms. Shivani, Advocates, in all the petitions.

For the Respondents: Ms. Archna Dutt, Advocate, for respondent

No.1, in all the petitions.

Respondent No.2, ex parte, in all the petitions.

Mr. Ashok Kumar Verma, Advocate, for res-

pondents Nos. 3 and 5, in all the petitions.

Mr. Adarsh K. Vashista, Advocate., for respon-

dents Nos. 5 and 6, in all the petitions.

__________________________________________________________

Sandeep Sharma, Judge

Since common facts and question of law are involved in all these pe-

titions, same were clubbed and heard together and are now being disposed

of vide this common order.

1Whether the reporters of the local papers may be allowed to see the judgment?

2. Brief facts of the case are that the petitioners were engaged as Stu- dent Paid Mess Helpers and thereafter, their services were brought on ad hoc basis, thereafter, regularized and lately, they were all were promoted to the higher post of Clerk, under 10% promotional quotaH. A detail of their ser-

vice is as under:

Name of pe- Details of ini- Date of ad Date of regu- Date of pro- titioner tial appoint- hoc appoint- larisation motion to ment ment next post Dinesh Ku- Mess Helper 16.9.2009 as As Mess Hel- As Clerk vide mar, peti- from Student Mess Helper per vide office office order tioner in Paid Fund on on dailty wages order dated dated CWP no. 10.7.2002, for r4.3.2014 1.1.2022

6989 of 2024 a period of 89 days u Ram Lal, pe- Do Do 29.7.2016 As Clerk vide titioner in office order CWP No. dated

6912 of 2024 2.1.2019 Vikas Shar- CMess Helper Do Do As Clerk vide ma, petition- from Student office order er in CWP Paid Fund on dated no. 6999 of 28.10.2002, for 1.1.2022

2024h a period of 89 days

3. It is pertinent to note here that thereafter, the petitioners passed the Htyping test. It is also pertinent to take note here that the petitioners were as-

signed seniority in the cadre of Mess Helpers on the basis of dates of their ad hoc appointments.

4. So far private respondents, who are same in all the petitions, are concerned, they were appointed as Peons in 2002 under Self Finance Scheme by the Director, Indian Institute of Himalayan Studies (IIHS). Ser- vices of private respondents were taken over on ad hoc basis by the res- pondent University on 10.10.2013 in the cadre of Peon and regularized on 11.10.2013, i.e. the very next day of taking over their services on ad hoc basis. However, they were promoted to the post of Clerk at a later point in time, than the petitioners, on the basis of their seniority in the cadre of Class IV employees, where they were shown junior to the petitioners.

5. Record reveals that the private respondents fileHd CWP No. 2349 of 2024 titled Kulbhushan Singh and another v. Himachal Pradesh University and CWP No. 1576 of 2024 titled Mukesh & Anr. v. Himachal Pradesh Uni- versity, seeking benefit of regularisation after completion of eight years of service and to consider their case for promotion from due dates. Both the petitions were disposed of with a direction to the respondent-University to decide the representations filed by respective petitioners. Pursuant to such direction, respondent-University vide office order dated 6.7.2024, reviewed the seniority Clist of class-IV ‘D’ categories employees, thereby reshuffling the seniority of petitioners and private responden

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