Himachal Pradesh High Court

CWP/8958/2026 of BISHAN DASS Vs THE STATE OF HP AND OTHERS on 2 September 2026

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COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8958 of 2026 Decided on: 02.09.2026 Sh. Bishan Dass .… Petitioner. Versus State of Himachal Pradesh & others …. Respondents. Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Hon’ble Mr. Justice Yogesh Jaswal, Judge. Whether

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2026:HHC:37349 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.8958 of 2026 Decided on: 02.09.2026 Sh. Bishan Dass .… Petitioner. Versus State of Himachal Pradesh & others …. Respondents.

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Hon’ble Mr. Justice Yogesh Jaswal, Judge. Whether approved for reporting?1 For the petitioner : Mr. Amrit, Advocate, vice Mr. A.K. Gupta, Advocate. For the respondents : Mr.Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3-State. Mr. Praveen Chauhan, Advocate, for respondent No.4. Ajay Mohan Goel, Judge

(Oral)

By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “i. That the provisions of the H.P. Recruitment and Conditions of Service of Govt. Employees Act, 2024 and the instructions issued thereunder to the above stated extent may be quashed and set aside and the respondents may be ordered to pay pension to the petitioner by clubbing his work charge service and after clubbing his work charge service the total service of the petitioner comes to be 14 years and in view of this, the petitioner becomes eligible for pension from the date he was retired from service, with all benefits incidental thereof.”

2. In light of the fact that this Court in CWP No.3361 of 2025, titled Devinder Kumar & others vs. State of Himachal Pradesh and another alongwith

Whether reporters of the local papers may be allowed to see the judgment?

2026:HHC:37349 connected matters, decided on 25.04.2026, has already held the provisions of the said Act to be ultra vires, which judgment stands upheld by the Hon’ble Supreme Court of India, this petition is disposed of with the observation that the findings returned by this Court in CWP No.3361 of 2025, titled Devinder Kumar & others vs. State of Himachal Pradesh and another alongwith connected matters, decided on 25.04.2026, as upheld by the Hon’ble Supreme Court of India in Special Leave Petition (Civil) No.24885 of 2026, titled State of Himachal Pradesh Versus Devinder Kumar and others, decided on 29.07.2026, shall be construed to have been passed in the present petition also. Pending miscellaneous application(s), if any, also stand disposed of.

(Ajay Mohan Goel)

Judge

(Yogesh Jaswal)

Judge September 02, 2026 (Rishi)

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