Himachal Pradesh High Court
Santosh Kumar vs State Of Himachal Pradesh And Others on 22 April, 2026
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 5347 of 2026 a/w
CWP No.5556 of 2026
Decided on 22nd April 2026
.
CWP No.5347 of 2026
Santosh Kumar ...Petitioner
Versus
State of Himachal Pradesh and others
...Respondents
of
CWP No.5556 of 2026
Sardar Singh ...Petitioner
rt Versus
State of Himachal Pradesh and others
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
1
Whether approved for reporting?
For the petitioner(s): Mr. Jagdish Thakur, Advocate,
for the petitioners(s) in both the
petitions.
For the respondents : Mr. Rahul Thakur, Deputy
Advocate General, for the
respondents, in both the
petitions.
Ajay Mohan Goel, Judge (Oral)
As common issues of facts and law are involved in
these petitions, therefore, the same are being disposed of vide
common judgment.
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2
2. The petitioners herein are praying for issuance of a
direction to the respondents to promote them from the post of
Sub-Inspector to the post of Inspector, in terms of the contents
.
of the writ petitions and prayers made therein. Petitioners are to
superannuate on 30.04.2026.
3. Learned Deputy Advocate General has handed
over instructions received in both the matters and in terms of
of
these instructions, the Court stands apprised that in light of an
order passed by the Hon’ble Division Bench of this Court in
rt
CWP No.4358 of 2026, titled Rakesh Kumar and others versus
State of Himachal Pradesh and others, the final inter se
seniority could not be finalized and DPC w.e.f. 2010 to 2024
could not be reviewed. The instructions read as under:-
“(i) It is submitted that the Govt. of Himachal
Pradesh Vide their letter dated 12-05-2023(Annexure-R-1) in consultation with Law
Department which in turn has opined as under:-
“That R&P Rules were framed and notified
by involving the Statutory Powers by sub
section (3) of Section 17 read with Section
141 of the Himachal Pradesh Police Act
2007 (Act No. 17 of 2007) whereby the
Standing Order No. 1 of 1999 P-1 (5) Com
(SCRB)/93-02-10454-55 dated 22-07-2002
and the provisions of Punjab Police Rules::: Downloaded on – 24/04/2026 11:20:51 :::CIS
31934 in application to the State of Himachal
Pradesh were repealed by the Provisions of
R&P Rules once repealed by the statutory
notification cannot be restored by an
executive decision/order. Moreover, the
Himachal Pradesh Act has come into force in.
the year 2007 and the rules may be framed
only under the provision of Act ibid.”
(ii) It is further submitted that R&P Rules 2010
has been published /notified in e-Gazette on 28-06-
2010 and also in compliance of the Judgment as
of
passed by the Hon’ble High Court of H.P in CWP
No. 6599/2010 dated 27-04-2012 that the
integration postulates equation of posts and also
rt
resulting to restructuring of different wings of the
wireless organization into a single cadre w.e.f 28-
06-2010 and also aspect that it not in dispute that
Rules in respect of Directorate of Police C&TS were
promulgated only on 28-06-2010 and the birth of
C&TS has taken effect on 28-06-2010. As such
petitioner was fully aware about his right and he has
not challenged the above mentioned judgment
before the Hon’ble High Court of Himachal Pradesh,
therefore judgment has attained finality at this
stage.
(iii) That the R&P Rules 2010 are being strictly
followed and the promotions held at the level of Sub
Inspector and Inspectors level were made in
accordance with the Standing Order No. 1/1999 as
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4
per the precedents and approval of the competent
authority w.e.f 2010 to 2024. Further to resolve all
pending seniority and litigation issues within the
Communication & Technical Services (C&TS) a
.
committee met on 08-08-2025 and 12-08-2025. A
request was made on 14-10-2025 (Annexure-R-2)
with the Govt. of Himachal Pradesh for ex-post
facto approval regularization of Promotion of C&TS
officials which were carried out w.e.f 2010 to 2024
of
beyond the sanctioned strength of R&P Rules 2010.
The DPC w.e.f 2010 to 2024 are required to be
rt
reviewed in compliance to the judgment dated 27-
04-2012 and R&P Rules 2010. It is further
submitted that the Govt. of H.P vide letter dated 02-
12-2025 (Annexure-R-3) has intimated that
proposal regarding Ex-Post facto
regularization/approval of induction of 147
Constables and Ex-Post facto approval of
promotion of personnel from 2010 to 22.07.2024 in
C&TS has been examined and found inconsistent
with the existing R&P Rules, 2010. It is further
submitted that in reference to 02-12-2025 of H.P
Govt. letter the matter has again been taken up with
the Govt. of H.P vide D.O No. 218 dated 05-01-
2026 (Annexure-R-4).
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5
(iv) It is pertinent to mention here that the
Integrated tentative Seniority list as it stood on 28-
06-2010 of C&TS Officials (Constable to Inspector)
were issued vide PHQ office memorandum dated
.
21-11-2025 and in compliance to the judgment
passed by the Hon’ble High Court of H.P ON 27-04-
2012 in CWP No. 6599/2010 titled as Sita Ram Vs
State of H.P alongwith connected matters & in
implementation of R&P Rules, 2010. The process of
of
revision of seniority list initiated vide office
memorandum dated 21-11-2025 has been
rt
challenged by the C&TS Official by filing an CWP
No. 4358 of 2026 titled as Rakesh Kumar Vs State
of H.P in which the Hon’ble High Court of H.P has
passed the following order in the meantime, the
execution, implementation and operation of
impugned order dated 20-01-2026 (Annexure P-35)
shall be kept in abeyance.” Because of this the final
inter-se-Seniority could not be finalized or DPC’s
w.e.f 2010 to 2024 could not be reviewed at this
stage Keeping in view of present situation the DPC
of the petitioner at this stage could not be convened
for the promotion to the rank of Inspector as
Integration process has been kept in abeyance by
the Hon’ble High Court of H.P in CWP No. 4358 of
2026.”
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4. In the backdrop of the above instructions, learned
counsel for the petitioners submits that as both the petitioners
are to superannuate on 30.04.2026 and as they have already
.
approached the Court before the date of their superannuation,
these petitions be disposed of with the direction that after the
adjudication by the Hon’ble Division Bench in the above
referred matter, based on the said adjudications, let needful be
of
done qua consideration of petitioners for promotion against the
post of Inspector and respondents be directed not to ignore
rt
them in the DPC on the ground that they stand superannuated
in the interregnum.
5. As the petitioners are already before the Court
before their superannuation, seeking promotion to the post of
Inspector and as the Department has expressed its
helplessness at this stage to proceed with the matter in the light
of the order passed by the Hon’ble Division Bench in CWP
No.4358 of 2026, titled Rakesh Kumar and others versus State
of Himachal Pradesh and others, as prayed for, this petition is
disposed of with the direction that after the adjudication of the
aforesaid matter by the Hon’ble Division Bench and in terms of
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7
the judgment that may be passed by the Hon’ble Division
Bench, the cases of the petitioners be considered for promotion
to the posts of Inspector from due date and the factum of their
.
having superannuated, shall not weigh with the respondents
while taking a call in this regard, in the light of the fact that the
petitioners had approached this Court before their
superannuation.
of
6. Pending miscellaneous applications, if any, also
stand disposed of.
rt
(Ajay Mohan Goel)
Judge
April 22, 2026
(Vinod)
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