✦ Himachal Pradesh High Court · 04 May 2026

Neetu Duggal & Ors. v. State of Himachal Pradesh & Ors.

PRADESH AT SHIMLA CWP No. 5843 of 2025VIVEK SINGH THAKUR, RANJAN SHARMA5 min read

Case at a glance

Decided
04 May 2026
Bench
VIVEK SINGH THAKUR, RANJAN SHARMA
Neutral citation
2026:HHC:14400

Key paragraphs

  • Para 33. judgment, we are common In adjudicating only the constitutionality, validity, and legality of the Govt. Employee Act. For other reliefs, the consequences shall follow accordingly, and in case any further relief(s) is/are required to be determined after adjudication of additional facts, not discussed or…
  • Para 202202. Accordingly, in view of above discussion and considering the ratio of law laid down by the Apex Court, the impugned Act is quashed and set aside. nullify,

Case journey

Linked proceedings

Earlier proceedings, if any, are not linked in the corpus
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

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Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

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Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

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Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

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Anjana Kumari & Ors. v. State of Himachal Pradesh & Anr.
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Neetu Duggal & Ors. v. State of Himachal Pradesh & Ors.This judgment
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Kusum Kumari v. State of H.P & Anr.
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Supreme Court of India
Odisha State Financial Corporation v. Vigyan Chemical Industries & Ors.

Civil Appeal No. 10047 of 2025

Linked proceedings

Earlier proceedings, if any, are not linked in the corpus
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Anjana Kumari & Ors. v. State of Himachal Pradesh & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Neetu Duggal & Ors. v. State of Himachal Pradesh & Ors.This judgment
Linked automatically · not yet reviewed
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Arun Kumar & Ors. v. State of Himachal Pradesh & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Dr. Vikas Bharti & Ors. v. State of H.P & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Dr. Ajay Kumar & Ors. v. State of Himachal Pradesh
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Dalip Singh v. State of Himachal Pradesh & Ors.
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Kusum Kumari v. State of H.P & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Kusum Kumari v. State of H.P & Anr.
Linked automatically · not yet reviewed
Supreme Court of India
Odisha State Financial Corporation v. Vigyan Chemical Industries & Ors.

Civil Appeal No. 10047 of 2025

Linked proceedings

Earlier proceedings, if any, are not linked in the corpus
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Anjana Kumari & Ors. v. State of Himachal Pradesh & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Neetu Duggal & Ors. v. State of Himachal Pradesh & Ors.This judgment
Linked automatically · not yet reviewed
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Arun Kumar & Ors. v. State of Himachal Pradesh & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Dr. Vikas Bharti & Ors. v. State of H.P & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Dr. Ajay Kumar & Ors. v. State of Himachal Pradesh
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Dalip Singh v. State of Himachal Pradesh & Ors.
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Kusum Kumari v. State of H.P & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Kusum Kumari v. State of H.P & Anr.
Linked automatically · not yet reviewed
Supreme Court of India
Odisha State Financial Corporation v. Vigyan Chemical Industries & Ors.

Civil Appeal No. 10047 of 2025

Linked proceedings

Earlier proceedings, if any, are not linked in the corpus
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Devinder Kumar & Ors. v. State of Himachal Pradesh & Anr.

Copc No. 183 of 2025

Linked automatically · not yet reviewed
Himachal Pradesh High Court
Anjana Kumari & Ors. v. State of Himachal Pradesh & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Neetu Duggal & Ors. v. State of Himachal Pradesh & Ors.This judgment
Linked automatically · not yet reviewed
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Arun Kumar & Ors. v. State of Himachal Pradesh & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Dr. Vikas Bharti & Ors. v. State of H.P & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High Court
Dr. Ajay Kumar & Ors. v. State of Himachal Pradesh
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Dalip Singh v. State of Himachal Pradesh & Ors.
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Kusum Kumari v. State of H.P & Anr.
Linked automatically · not yet reviewed
Himachal Pradesh High CourtDate not recorded
Kusum Kumari v. State of H.P & Anr.
Linked automatically · not yet reviewed
Supreme Court of India
Odisha State Financial Corporation v. Vigyan Chemical Industries & Ors.

Civil Appeal No. 10047 of 2025

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Judgment

Mr. Vikas Rajput, Advocate. For the respondents: Mr. Pawan Kumar Nadda, Additional Advocate General. Vivek Singh Thakur, Judge [Oral] Admittedly, main issue involved in present petition with respect to validity, legality and constitutionality of Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025) (in short ‘Govt. Employees Act’/the Act/the impugned Act) has been adjudicated and decided vide judgment dated

25.04.2026 passed in CWP No.3361 of 2025 titled as Devinder Kumar & others vs State of H.P and others connected matters, wherein, it has been observed as under:- 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - “2. In all these petitions, the petitioners are mainly aggrieved by the enactment of the Himachal Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025) (in ‘Govt. Employees Act’/the Act/the impugned Act). Pradesh Recruitment

3.

judgment, we are common In adjudicating only the constitutionality, validity, and legality of the Govt. Employee Act. For other reliefs, the consequences shall follow accordingly, and in case any further relief(s) is/are required to be determined after adjudication of additional facts, not discussed or adjudicated or covered in this judgment, the petitioners shall be at liberty to avail appropriate remedies, petitions for redressal of grievance based on such other issues raised or not raised in these petitions. including the filing of …… …… ……

202.

Accordingly, in view of above discussion and considering the ratio of law laid down by the Apex Court, the impugned Act is quashed and set aside. nullify,

203.

In view of quashing of the impugned Act, all consequential action, omission and commission of the respondents-State and its functionaries, based on the impugned Act, are declared illegal, unconstitutional resultantly orders/rejection/directions, withdrawal, denying benefits or proposing recovery of already granted reliefs, based on the impugned Act, mandate of the Court are also quashed and set aside and competent authority(ies) is directed to ensure extension of benefits to the employees in terms of judgments passed by the competent Courts, latest by issuing three months if so required, appropriate orders, the Constitutional consonance with mandate and verdict of the Court(s).” in conflict with today by

2.

Finding returned in CWP No.3361 of 2025 - 3 - title Devinder Kumar & others vs State of HP and others shall be applicable mutatis mutandis to present matters to all intends and purposes.

3. Consequently, office order(s)/instructions, if any, rejecting the claim/prayer of the petitioners on the basis of Government Employees Act also stands quashed and set aside with direction to the competent authority to decide the representation of the petitioners afresh as expeditiously as possible latest by 30.06.2026 by taking into consideration following settled principles of law inter alia amongst others as applicable: -

1.

Where there is adjudication and verdict of the Court in favour of employee(s) or category of employees, benefits to such governed and employee(s) extended in terms of such mandate of the Court notwithstanding anything else. shall be

2. Where there is no specific mandate of Court, such category of employees, appointed on contract in terms of Policy for appointment on contract, but without following the procedure prescribed Recruitment and Promotion Rules or akin regular followed regular appointments, interruption, without appointment regularization, entitled shall be counting of contract period of service as qualified service for pensionary/ retiral benefits in addition to period of regular service in terms of Rule 17 of CCS (Pension) Rules as well as for mandate of the Courts, and consequently shall be provided - 4 - taking entitled into consideration annual increments for contract period of service by adding the same on notional basis for the purpose of calculation of last pay drawn for determining pension/retiral benefits but not for arrears on account of increment during contract period of service, and such contract period shall not be counted seniority. for determining including competition,

3. Employees initially appointed on contract basis by following procedure prescribed in Recruitment and Promotion Rules/Service Rules framed under Article 309 of the Constitution, after subjecting to rigors of such process as applicable for regular appointments prescribed essential eligibility, with wide publicity inviting all eligible persons to participate competition to be adopted for regular appointments, OR any other prescribed mode of recruitment in terms of/following procedure prescribed in Recruitment and Promotion Rules for recruitment including batch-wise etc., on regularization, shall be entitled for all consequential benefits like counting of contract period of service as qualifying financial benefits including increments as well as seniority from the date of their initial appointment. service and similar

4.

Being a recurring cause of action with respect to claim of pensionary and retiral benefits, but for delay in putting forth claim with Authority or in the Court, financial benefits may be restricted to 3 years prior to putting forth such claim or may be awarded prospectively by taking circumstances of each individual case. However, where there is verdict of the Court to extend such benefits without any restriction, the State or its Officers are the same not empowered without expressed order of the competent Court. consideration to curtail

5.

Claim of seniority has to be considered - 5 - and decided in consonance with settled jurisprudence service principle including all relevant factors, such as claiming seniority, accrual of third party right, opportunity of being heard to all stakeholders (claimants as well as persons likely to be affected) etc.

4. Accordingly, aforesaid observations and directions, the present petition is also disposed of in terms of CWP No. 3361 of 2025 with liberty to the parties to avail appropriate remedy with respect to surviving grievance, if any, regarding issue raised or not raised in the present petition including filing of fresh petition(s).

5. Pending miscellaneous application(s), any, also stand disposed of in same terms. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge May 04, 2026 [Shivender]

Questions this judgment answers

Which statutory provisions did this judgment involve?

Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024; Govt. Employees Act; Himachal and Conditions of Service of Government Employees Act, 2024; Govt. Employee Act; Government Employees Act; Constitution of India — art. 309.

Which court decided this case, and when?

Himachal Pradesh High Court, on 04 May 2026. The bench was VIVEK SINGH THAKUR, RANJAN SHARMA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Himachal Pradesh High Court or eCourts case status (search case no. PRADESH AT SHIMLA CWP No. 5843 of 2025). ← Search more judgments