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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.20488 of 2025

Decided on: 24.12.2025

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Kulbhushan Rehalia ....Petitioner

Versus

State of H.P. and Anr. …Respondents

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Coram

The Hon’ble Mr. Justice Sushil Kukreja, Judge.

1 Whether approved for reporting?

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For the petitioner: Mr. Ashil Bhushan, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General

with Mr. Vishwadeep Sharma,

Additional Advocate General.

Sushil Kukreja, Judge (oral)

g The only grievance of the petitioner that has

i been highlighted at this stage is centered towards counting

the contractual service rendered by him, followed by

regularization as qualifying service for the purpose of

‘pension’. This relief has been claimed in light of law laid

down in State of H.P. & Anr. Vs. Sheela Devi2.

The aforesaid decision was followed in S.D.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes

2 SLP(C) No. 10399/2020 decided on 07.08.2023

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Jayaprakash & Ors. etc. Vs. The Union of India & Ors.3.

2. Learned counsel for the petitioner has also invited

attention to a decision rendered in Ram Chand & Ors. Vs.

State of H.P. & Ors.4, whereby, the petitionHers/appellants

(therein) were held entitled to count their contractual service

for purpose of pensionary benefits as well as annual

increments for the said period with consequential benefits,

but restricting the actual consequential benefits for three

years prior to the filing of the writ petitions. The operative

part of the judgment reads as under:-

“39. Accordingly, judgment passed by learned Single Judge

is modified with observation that reasoning assigned

for deciding CWPOA No.5187 of 2020, shall be Mutatis

mutandi applicable to the present matter also and

appellants shall be entitled for counting their contract

service for the purpose of pensionary benefits as well

as annual increments for the said period with all

consequential benefits, but restricting actual

consequential financial/benefits to three years prior to

filing of the writ petition.

40. Due and admissible benefits shall be released to the

appellants within a period of four months from today.

Needless (to say that benefits given beyond three

years prior to filing of writ petitions shall be extended

to them on notional basis.”

3 Civil Appeal No(s). 5671-5672 of 2025, decided on 29.04.2025

4 LPA No.232 of 2024, decided on 02.09.2024

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The aforesaid decision was assailed by the State

of Himachal Pradesh in State of Himachal Pradesh & Ors.

Vs. Ram Chand and Ors.5, wherein, the Hon’ble Apex Court

vide order dated 04.04.2025 stayed the impugHned directions

insofar as they related for counting the contractual service

for grant of annual increments. Impugned directions for

counting contractual service for the purpose pension,

however, were not stayed. The order passed by Hon’ble Apex

Court reads as under:-

“Delay Condoned.

Issue notice, returnable in four weeks.

C In the meanwhile, the direction passed by the

High Court in the impugned order to count increments

shall remain stayed.”

Similar interim orders have been passed by the

Hon’ble Apex Court in large number of Special Leave Petitions

H (Civil) preferred by the State of Himachal Pradesh in such like

matters.

3. In view of above, at this stage, learned Advocate

General submits that the respondents-State shall proceed for

considering the case of the petitioner for grant of pension by

computing the contractual service rendered by him as

5 SLP (C) Diary No(s). 8008 of 2025

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qualifying service for the purpose of pension in light of

Sheela Devi2 subject to petitioner’s furnishing fresh options

in accordance with law, within a period of two months from

today, whereafter all consequen