Ashok Kumar And Another vs Himachal Pradesh University

Jyotsna Rewal Dua, J

Notice. Ms. Archna Dutt, learned counsel, accepts notice on behalf of the respondent.

Considering the case, order impugned in this writ petition and the order being passed hereinafter, there is no requirement for calling the reply from the respondent.

With the consent of learned counsel for the parties, matter is heard at this stage.

The petitioners had preferred representation on 28.03.2025 to respondents No.1 seeking regularization from service from the date of their initial appointment with all consequential benefits including seniority and pay fixation. Their representations were not decided. This led them to institute Ashok Kumar versus Himachal Pradesh University CWP No.9994 of 2025, decided on 21.06.2025 and Desh Raj versus Himachal Pradesh University. CWP No.9992 of 2025, decided on 21.06.2025 These writ petitions were disposed of with directions to the respondent/Competent Authority to consider and decide the representations of the petitioners dated 28.03.2025 in accordance with law within a period of six weeks. Para-2 of the judgment also quoted the relief clause from the writ petition:-

“i) That this Hon'ble Court may graciously be pleased to issue appropriate order or directions to the respondents to pay the same emolumen s including all due and admissible allowances which we e/are being paid to the regularly appointed Laboratory Attendant in the University on the principle of eq al pay for equal work' from the date of their initial app intment on contract basis with all consequential benefits al ng with interest @9% per annum.

ii) Issue a writ of Mandamus directing the respondents to release the entire consequential benefits with interest @ 9% per annum from the date of their initial appointment to till date of realization”

Pursuant to above, the respondent passed office order on 04.09.2025 and in view of the nature of relief claimed by the petitioners in their writ petitions, their cases were turned down being covered by the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 as adopted by the respondent-University on 05.07.2024.

The combined reading of the representations preferred by the petitioners vis-a-vis the relief claimed by the petitioners in the writ petitions leads to the inference that relief claimed in the writ petitions were different from the relief claimed by the petitioners in their representations. The respondent while passing the impugned order dated 04.09.2025 only considered the relief prayed by the petitioners in their writ petitions whereas directions in the judgment were to decide the representations of the petiti ners. This being the admitted position is othe wise eferring from bare perusal of Annexures P-6, P-7 and P-8. As a consequence the impugned order dated 04.09.2025 is q ashed and set-aside. Respondent is directed to consider the representation of the petitioners dated 28.03.2025 (Annexure- P6) afresh in accordance with law within six weeks from today. T e order so passed be also communicated to the petitioners.

Pending miscellaneous application(s), if any, shall also stand d sposed of.