Vijay Kumar vs State Of HP And Others

Vivek Singh Thakur, J

Learned Additional Advocate General has placed on record instructions dated 21.02.2026, along with submissions stating that the office order dated 28.03.2025 (Annexure P-6) has been withdrawn by the respondent department through office order dated 27.08.2025.

Consequently, the present petition is deemed to be disposed of. In light of the aforesaid office order dated 27.08.2025, along with the instructions, which have also been placed on record. Keeping all other issues and prayers open, to be adjudicated in fresh petition, if any filed by the petitioner, this petition is being decided by this order.

Learned counsel for petitioner submit that petitioner was aggrieved by impugned office order No.EDN-H(2)B(2)54/2013-CC dated 28.03.2025, whereby, after enactment of Himachal Pradesh Recruitment and Conditions of Government Employees Act, 2024, certain service benefits were withdrawn by the respondents and, resultantly, already extended service benefits to the petitioner were withdrawn, whereas claim of other similarly situated persons for the same benefits were rejected by passing common/separate orders but on the basis of Office Order dated 28.3.2025.

It has been submitted by learned counsel for petitioner that now by passing subsequent Office Order No. EDN-H(2)B(2)54/2013-CC, dated 23.08.2025, the impugned Office Order dated 28.3.2025 has been declared to be infructuous and withdrawn with immediate effect by the concerned Authority and it has been explained and reiterated by the Director of School Education by issuing Office Order No. EDN(Ele.)H(2)B(2)2/2025-Court Cases dated 27.8.2025, which is as under:-

“No. EDN(Ele.)H(2)B(2)2/ 2025-Court Cases                                                        dated 27.08.2025

Directorate of School Education

Himachal Pradesh, Lalpani Shimla-01

Dated                                                          Shimla-171001, the

OFFICE ORDER

Whereas, clarification was given to all the Dy. Directors of School Education regarding court case matters, specifically drawing analogies with the cases decided on the analogy of CWP No. 414/2014- titled as Kuldeep Chand Vs State & others alongwith LPA No. 54/2013 titled as State of HP Vs Om Prakash, and all other connected matters with these cases vide this Directorate letter No.EDN(Ele.)H(2)B(2)2/2025-Court Cases dated 21.06.2025.

In this context, it is intimated that after the enactment of Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, notified by the Government of Himachal Pradesh on 20.02.2025, the office orders issued by this Directorate from time to time on the analogy of the cases mentioned in the above paragraph were withdrawn with immediate effect vide this Directorate office orders No. EDN- H(2)B(2)54/2013-CC dated 28.03.2025.

Further, a similar matter i.e. CWPOA No. 1695/2019 titled as Ajay Kumar & others Vs State of H.P. & others was again taken up with Govt. and since the legal issue of applicability of HPRCS Act was involved, the matter was referred to Ld. Advocate General who opined that “The judgment passed by Hon'ble High Court of HP qua deemed regularision are not covered by the HPRCS Act, 2024, it is clarified that these judgments were accepted by the state more than a decade back hence such cases are not permissible to be opened in view of this Act, 2024.”

Consequently, as per the judgment passed by the Hon’ble High Court of HP in CWPOA No. 1695/2019-titled as Ajay Kumar & others Vs State of HP the office order was issued on dated 18.08.2025.

Thereafter, the matter was again taken up with the Govt. of HP for direction/order vide various communications and the Govt. of HP vide letter No.EDNC-E(5)21/2023 dated 23.08.2025 has clarified that “the matter has been examined at Government level. It has been decided that the orders passed in CWP No. 414/2014 titled as Kuldeep Chand Vs State of HP & Ors may be implemented as per advice rendered by the Ld. Advocate General, Himachal Pradesh on 13.08.2025 in a similar case of Execution Number 13/2025 in CWPOA No. 1695/219 titled as Ajay Kumar Thakur & Ors Vs State of HP.”

Now, in view of the above, the office order No.EDN-H(2)B(2)54/2013-CC passed by this Department on dated 28.03.2025 have become in-fructuous and withdrawn with immediate effect vide this Directorate office order No. EDN-H(2)B(2)54/2013-CC, dated 23.08.2025.

It is therefore directed to take further necessary action in the matter accordingly and ensure the timely compliance of those judgments in which detailed speaking orders were issued by this Directorate in compliance of the orders passed by Hon'ble High Court of HP on the analogy of CWP No. 414/2014- titled as Kuldeep Chand Vs State of HP & others along with LPA No.54/2013 titled as State of HP Vs Om Prakash, and all other connected matters with these cases and compliance report be submitted to this Directorate as and when the same will be desired by the Hon'ble High Court of HP in various Ex. Pet./COPCs failing which the erring officer/official of the concerned DDSE/GSSS/GHS/GMS will remain present before the undersigned to explain the reason for non-Compliance of the judgment.

Encl: As above

DIRECTOR

School Education HP Lalpani, Shimla-171001”

Learned counsel for petitioner submit that in view of aforesaid Office Orders dated 23.8.2025 and 27.8.2025, grievance(s) of the petitioner arisen on account of Office Order dated 28.3.2025 stand redressed and, therefore, nothing survives to be adjudicated on this issue except for issuing direction to the respondents to restore and extend admissible service benefits to the petitioner in a time bound manner.

Accordingly, respondents are directed to ensure restoration of service benefits immediately which were already extended but withdrawn vide Office Order dated 28.3.2025 and also to extend similar benefits to the petitioner and other similarly situated persons on or before 30th April, 2026 on the same analogy in aforesaid terms in sequel to judgments of the Court(s) as well as decision taken by the respondents as notified vide Office Order dated 27.8.2025.

We have disposed of this writ petition with respect to grievance of the petitioner on account of Office Order dated 28.03.2025, but without adjudicating any other claim/issue/prayer raised by the parties, for which the parties shall have the right to avail the appropriate remedy in accordance with law, if so required and desired.

Petition is disposed of in aforesaid terms along with pending applications, if any.