Dharminder Kumar & Ors. v. State of H.P & Anr.

disposed of as under: - “Learned Deputy Advocate General has placed on record instructions memo dated 01.08.2023 stating therein that the services of the petitioners have been regularized vide office order dated 24.07.2023 in the pay band of Rs.5901-20200+2800 Grade Pay w.e.f. 11.05.2020 at par with their juniors on notional basis till the date of joining in the post of Veterinary Pharmacist. Copy of office order dated 24.07.2023 has also been appended with the instructions memo.

2. In view of above, learned counsel for the petitioners submitted that the relief prayed for by the petitioners stands granted to them. His statement is taken on record.

3. Accordingly, the writ petition is disposed of as having been rendered infructuous. However, the petitioners are at liberty to seek appropriate remedy for their remaining grievances, if any, in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of.” The petitioners have instituted the instant petition seeking arrears/actual benefits against the post of Veterinary Pharmacists from due date along with interest. Relief clause of this writ petition is extracted hereinafter: - “Issue a writ of mandamus directing the respondents to grant the consequential benefits of arrears of pay from due date along with up to date interest.” Submissions Learned counsel for the petitioners submitted that the

3. 3(i) petitioners were not at fault for their having not been appointed as 4 ( 2025:HHC:19194 Veterinary Pharmacists at the relevant time i.e. in the year 2017. It was the respondents, who kept the petitioners away from the post of Veterinary Pharmacists, ergo, the petitioners are entitled for actual benefits from due date i.e. 2017. 3(ii) Respondents’ pleaded defence as highlighted by the learned Deputy Advocate General is that the respondents were not aware about the cases of the petitioners having been left out from consideration for contractual appointment against the post of Veterinary Pharmacists or the fact that the petitioners belonged to the batch, which was included in the contractual appointments given to Veterinary Assistants against the posts of Veterinary Pharmacists in the year 2017. The said fact came to the notice of the respondents only when the petitioners instituted Dharminder Kumar & Ors.2. Soon thereafter the respondents verified the factual matrix and came up with the order of appointment of the petitioners on 24.07.2023. The respondents, therefore, have justified their action of appointing the petitioners as Veterinary Pharmacists on contract basis w.e.f.

09.02.2017 on notional basis and also regularizing their services w.e.f. 11.05.2020 at par with their juniors on notional basis.

4. Heard learned counsel for the parties and considered the case file. 5 ( 2025:HHC:19194 4(i) In Union of India & Ors. Vs. K.V. Jankiraman & Ors. 3, the employer had kept the employee away from promotional post by wrongly keeping his case for promotion in sealed cover. The employee was held entitled to actual benefits. Hon’ble Apex Court held that principle of ‘no work no pay’ has no applicability where employee though willing is not allowed to do work without his fault. State of Kerala and Others Vs. E.K. Bhaskaran Pillai4 holds that grant of monetary benefits with retrospective promotion depends upon consideration of various facets. The situation with regard to monetary benefits with retrospective promotion depends upon case to case. There are various factors which have to be considered. When administration denies legitimate dues, employee should be given full monetary benefits subject to there being any change in law or some other supervening factors. Principle of ‘no work no pay’ cannot be accepted as a rule of thumb, there are exceptions where monetary benefits have been granted by the Courts. 4(ii) In the instant case, the respondents filled up 256 posts of Veterinary Pharmacists on contract basis in the year 2017. The posts were filled up on batch-wise/merit-wise from amongst the serving Gram Panchayat Veterinary Assistants. It is the case put-forth by learned counsel for the petitioners that juniors to the petitioners 3 (1991)4 SCC 109 4 (2007) 6 SCC 524 6 ( 2025:HHC:19194 were appointed as Veterinary Pharmacists by the respondents in the year 2017. Petitioners were all along aware of their juniors having been appointed against the post of Veterinary Pharmacists yet they did not represent to the respondents about their having been left out from being offered the posts of Veterinary Pharmacists. Not a single representation made this regard by the petitioners respondents for their having been left out from the purview, from being appointed as Veterinary Pharmacists on batch-wise/merit-wise has been appended along with the writ petition. In fact, petition does not even make any averment that the petitioners ever even orally represented to the respondents or highlighted their grievances in that regard at any stage prior to their instituting Dharminder Kumar & Ors.2 The said petition was instituted on 17.11.2022. Notice of the said petition was issued to the respondents on 15.12.2022. The matter thereafter appeared on 01.03.2023. It is the case of the parties that the respondents did not contest the said petition. Rather they placed on record an office order dated 24.07.2023 (Annexure P-1) giving reliefs to the petitioners on the basis of which, the said writ petition was disposed of on 02.08.2023. The table made in the aforesaid office order dated 24.07.2023 indicating dates of release of benefits to the petitioners on notional and actual basis, is extracted hereinafter: - 7 ( 2025:HHC:19194 Sr. No Name Place of

3. designation posting Naresh Sh. Hem Raj Veterinary Pharmacist Sh. Kumar, Veterinary Pharmacist Sh. Dharminder Kumar, Veterinary Pharmacist VH Patta Mehlog (Solan) VD Kamand (Mandi) ZVH Barnoh (Una) Date of benefit on actual basis From 22.07.2022 From 25.07.2022 From 25.07.2022 Date benefit on notional 09.02.2017 21.07.2022 09.02.2017 24.07.2022

09.02.2017 24.07.2022 The above table makes it evident that after realizing that petitioners’ were left out cases, the respondents on their own without even contesting the writ petition, appointed the petitioners as Veterinary Pharmacists on notional basis w.e.f. 09.02.2017 and as per their reply filed in the instant petition, have also regularized the services of the petitioners w.e.f. 11.05.2020 at par with petitioners’ juniors. This is despite the fact when the petitioners had not even worked as Veterinary Pharmacists till 24.07.2023. Furthermore, even though that the petitioners had instituted Dharminder Kumar & Ors.2 on 17.11.2022 and prior to that they never represented to the respondents about their entitlement to the post of Veterinary Pharmacists, the respondents of their own accord have granted actual benefits the petitioners w.e.f. 22.07.2022 & 25.07.2022, respectively i.e. prior to the issuance of notional appointment 8 ( 2025:HHC:19194 regularization order. Further also, it needs to be noticed that the petitioners had been serving as Gram Panchayat Veterinary Assistants in Animal Husbandry Department all throughout. Therefore, in the given facts and circumstances, the instant is not a case where the petitioners were kept away from the appointment by the respondents. Fault also lay with the petitioners for not having represented to the respondents. The respondents appointed the petitioners the moment, it was brought their notice about petitioners’ being left out cases from being appointed as Veterinary Pharmacists. All these factors cannot be ignored while considering the relief prayed for by the petitioners. In the given facts & circumstances, petitioners are not entitled to actual monetary benefits from the date of their retrospective appointment. Instant petition fails and is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. 21st June, 2025(rohit) Jyotsna Rewal Dua Judge