Shakuntla Devi versus State of Himachal Pradesh & Others CWPOA No.3406 of 2019 06.01.2026. Present: Mr. Radhey Shyam Gautam, Advocate, for the applicant-petitioner. Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2- State. None for remaining respondents. CMP(T) No.711 of 2025 Instant application has been filed seeking interim directions. 2. Perusal of the application indicates that Respondent No.6, Rajesh Kumar, while serving as a functionary of the State, had wrongly misappropriated and withdrawn an amount of Rs.60,000/- [Rupees Sixty Thousand Only] from GPF account of petitioner and likewise an amount was withdrawn from GPF account of another Pushp Lata. For aforesaid dereliction of duty, the Director of Higher Education passed an order on 25.11.2014 [Annexure P-10] whereby direction was issued to pay the full amount of Rs.60,000/- along with Interest to the petitioner and in the event of failure to repay, Respondent No.6-Rajesh Kumar was held liable for same along-with interest. 3. It is averred that the order dated 25.11.2014 [Annexure P-10] was assailed by Respondent No.6 [Rajesh Kumar] in CWPOA No.156 of 2019, which was decided on 24.08.2020 [Annexure P-11] whereby the order passed by the Director of Higher Education on 25.11.2014 was upheld and by mandating Respondent No.6 [Rajesh Kumar] to reimburse- repay the amount to the present petitioner and Pushp Lata along with interest. 4. In support of the application petitioner has placed on record calculations i.e. Annexure P-12 so as to assert that an amount of Rs.4,08,386/- [Rupees Four Lakh Eight Thousand Three Hundred Eighty Six Only] is due and payable to her from Respondent No.6 [Rajesh Kumar]. 5. Pursuant to the listing of this case, Learned State Counsel has placed on record, Instructions dated 09.12.2025 [Taken on Record] furnished by Director of Higher Education, that an amount of Rs.1,82,850/- [Rupees One Lakh Eighty Two Thousand Eight Hundred Fifty Only] [Rs.60,000/- as principal amount and Rs.1,22,850/- as interest calculated from December, 2004 to May, 2022] is due and payable to the petitioner, out of which an amount of Rs.93,118/- [Rupees Ninety Three Thousand One Hundred Eighteen Only] already stands deposited in account of petitioner-Shakuntla Devi. 6. 6. In order to carve out a balance between the rights of the petitioner vis-à-vis the rights of Respondent No.6 [Rajesh Kumar] and the State, this Court disposes of the instant application with a direction to Respondent No.6 [Rajesh Kumar] to repay the balance amount of Rs.89,732/- [Rupees Eighty Nine Thousand Seven Hundred Thirty Two Thousand] to the petitioner- Shakuntla Devi on or before 25.01.2026, after affording an opportunity of hearing to Respondent No.6 in accordance with law. 7. In case, Respondent No.6 [Rajesh Kumar] does not repay the said amount on or before the said day, the State Authorities [Director of Higher Education] are at liberty to withhold the retiral benefits only to above extent, in accordance with law. 8. Instant application was listed on 05.01.2026; however, since the name of counsel for respondent No.6 was not reflected in the Cause-List, the matter was posted for today. Upon listing of the matter today, there is no representation on behalf of respondent No.6, even as on day. So far as the admissibility, if any, of remaining amount is concerned, the petitioner is free to avail appropriate remedy, hereinafter, in accordance with law, if so desired. In these circumstances and in peculiar facts and circumstances, this order is passed by this Court. Application stands disposed of. (Ranjan Sharma) January 06, 2026 Judge [Shivender]