Himachal Pradesh High Court
COPC/775/2026 of SATISH CHANDER Vs DEVESH KUMAR AND ANOTHER on 21 August 2026
HIGH COURT OF HIMACHAL PRADESH SHIMLA COPC No. 775/2026 Decided on: 21.08.2026 Satish Chander …..Petitioner Versus Devesh Kumar & anr. ….Respondents ______________________________________________________________ Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether
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2026:HHC:35749 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
COPC No. 775/2026
Decided on: 21.08.2026
Satish Chander
…..Petitioner
Versus
Devesh Kumar & anr. ….Respondents ______________________________________________________________
Coram:
The Hon’ble Mr. Justice Romesh Verma, Judge.
Whether approved for reporting?1 For the Petitioner: Mr. Nikhil Katwal, Advocate.
For the Respondents: Mr. Baldev Singh Negi, Addl. A.G.
Romesh Verma, Judge (oral)
The present petition has been filed alleging violation of order, dated 22.12.2025, as passed by this Court in CWP No. 3457/2025, operative portion whereof reads as under:- “14. Consequently, in view of the above, present petition is allowed and respondents are directed to consider the period of petitioner’s absence i.e. 1957 days as valid service and same may be counted towards total service rendered by the petitioner prior to his superannuation for all intents and purposes. Since petitioner has been fighting for his rightful claim for so many years, this court 1Whether reporters of the local papers may be allowed to see the judgment? Yes.
hopes and trusts that needful in terms of directions contained in the judgment shall be done expeditiously, preferably, within two months. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.”
Thereafter, the petitioner filed execution petition No. 571/2026, which was disposed of on 22.4.2026.
3. The aforesaid order, dated 22.12.2025, was assailed by way of LPA (CMP M) No. 1211/2026), which came up for consideration before the Hon’ble Division Bench of this Court on 28.07.2026, when following order was passed:- “Keeping in view the above, the operation and execution of the judgment dated 22.12.2025 passed in CWP No. 3457 of 2025, titled Satish Chander vs. State of H.P. and another, shall remain stayed. However, it is open to the State to consider his case for pension after deducting the period of 1957 days. The application stands disposed of.”
Learned Additional Advocate General has placed on record copy of memorandum, dated 17.08.2026, whereby case of the petitioner has been considered after deducting period of 1957 days subject to final outcome of the LPA which has been instituted by the State of H.P.
Since the impugned judgment and decree has been stayed by the Hon’ble Division Bench of this Court and the direction, which has been passed by the Division Bench has been fully complied with by the respondents, therefore, in the considered opinion of this Court, nothing remains to be adjudicated in the instant petition, however direction is issued to the respondents to take the aforesaid memorandum, dated 17.08.2026, to its logical end within a period of 12 weeks positively.
In view of above, the instant petition is closed, however, as prayed for, with liberty to file an appropriate application for revival of the instant petition, in case grievance of the petitioner still remains unaddressed. Notices are discharged.
(Romesh Verma) 21.08.2026
Judge (pankaj)