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( 2026:HHC:4960 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No.2007 of 2020

Decided on: 27th February, 2026

Subhash Chand

.......Pe.titioner

versus

State of H.P and another

o ...Respondents

Coram

The Hon’ble Mr.Justice Jiya Lalt Bhardwaj, Judge.

Whether approved for reporting?1

For the petitioner: uMr. Rahul Singh Jagota and

Mr.Rakesh Kumar Sharma,

o Advocates.

For the respondents: Mr. Sumit Sharma, Deputy

Advocate General.

Jiya Lal B hardwaj, Judge (Oral)

By way of present petition, the petitioner has

prayed for the following substantive reliefs:

“i) That the respondents department may kindly be

directed to consider the claim of the petitioner for

granting him status to the post of Clerk from the

date as and when he started discharging duties of

Clerk on record w.e.f. 28.06.2009.

ii) That the respondents department may be

directed to re-designate the petitioner for the post

of Clerk along with all consequential benefits

along with monetary benefits from 28.06.2009.”

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

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2. As per pleadings in the writ petition, the petitioner

was initially appointed vide office order dated 20.05.2002P as

Peon-cum-Chowkidar in the respondent-Department and

posted at I.T.I (Women), Reckong Peo in the pay-scale of

Rs.2620/- (consolidated). Thereafter, in the month of July,

2007, he was transferred to I.T.I Bilasopur, H.P. and served

there till 2008. Later on, the pet itioner was transferred to

Jawahar Lal Nehru Goverrnment Engineering College,

Sundernagar, District Mandi, H.P. After joining at Jawahar

Lal Nehru Government Engineering College, Sundernagar,

District Mandi, H.P., he was entrusted with the work of Clerk

in place of Peon-cum-Chowkidar.

3. The petitioner was though designated as Peon, but

he was assigned the work of Class-III employee/diary

dispatch/Clerk. The petitioner has placed on record

numerous letters/orders w.e.f. 28.06.2009 to 16.11.2019 to

buttress his submissions. The petitioner did not place on

record his regularization orderson the post of Peon, however,

the respondents while filing reply to the writ petition have

placed on record office order dated 11.04.2012 (Annexure

R-2), whereby the services of the petitioner were regularized

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as Peon w.e.f. 21.05.2010. The name of the petitioner figures

at Serial No.46 in the said office order. P

4. It has been averred in the petition that the

petitioner was fulfilling all the requisite qualifications as per

Recruitment and Promotion Rules for the post of Clerk and

further he gained experience while workoing against the post of

Clerk since the year 2009. Further , there is a lot of difference

in the pay-scales of both the rposts. Despite making various

requests to the respondents either to re-designate him to the

post of Clerk or give him the pay-scale applicable to the post

of Clerk as the posts are lying vacant, nothing was done by

the respondents. However, as per recommendations made by

the H.P. Staff Selection Commission, Hamirpur, the Deputy

Commissioner, Mandi, District Mandi, H.P. has issued an

office order dated 20.11.2019 (Annexure P-6), whereby he was

offered appointment to the post of Clerk in the pay-scale of

Rs.5910-20200+Grade Pay Rs.1900/- in the establishment of

the Deputy Commissioner, Mandi, District Mandi, H.P.

5. The respondents filed reply to the petition and

averred that the petitioner has not approached this Court

with the clean hands and has suppressed the material facts.

The services of the petitioner were regularized vide office order

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dated 21.05.2010 by the respondents, which fact has not

been mentioned in the petition. The respondents have aPlso

averred that the petitioner has not impleaded the Principal-

cum-Director of Jawahar Lal Nehru Engineering College as a

necessary party and the present petition is bad of non