AJAY SHARMA AND OTHERS v. RAKESH KANWAR AND ANOTHER
COPC/127/2024 · 2025-09-23
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10106 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10106 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Ramesh Kumar Vs. Rakesh Kanwar & Anr. with connected matter COPC Nos.80 and 127 of 2024 23.09.2025 Present: Ms. Shikha Rajta, Ms. Urvashi Rajta & Ms. Tara Devi, Advocates, for the petitioner(s), in both the matters. Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. While placing on record communication dated 22.09.2025, issued under the signatures of Director, School Education, Himachal Pradesh, enclosing therewith certain documents suggestive of the fact that mandate contained in the judgment, alleged to have been violated, stands complied with, Mr. Rajan Kahol, learned Additional Advocate General, states that as far as COPC No.80 of 2024 is concerned, save and except Umesh Sharma, all the petitioners have been given benefit, in terms of judgment, alleged to have been violated, whereas in COPC No.127 of 2024, five petitioners namely Dipti Rana, Om Parkash, Pawan Kumar, Ram Lal and Vidya Devi have been released first installment of the arrears and pay fixation has also been done. He states that needful could not be done with regard to other petitioners as they were working in District Chamba and Kangra and the Deputy Director, School Education, Chamba and Kangra have issued directions to the concerned Principal(s) to supply the information about
consequential benefits. He states that as and when information is received, necessary orders with regard to first installment towards arrears shall be issued. Having carefully perused aforesaid communication, which is taken on record, this Court finds that save and except Umesh Sharma, all the petitioners in COPC No.80 of 2024 have been paid first installment of the arrear and their pay fixation has also done. Besides above, earned leave has also been granted in their leave account and one ACPs have been granted. In COPC No. 127 of 2024, five petitioners, namely Dipti Rana, Om Parkash, Pawan Kumar, Ram Lal and Vidya Devi have been received the first installment of the arrear and pay fixation has also been done in their cases. It has been specifically averred in the afore communication that necessary orders with regard to release of first installment of the arrear in the case of other petitioners shall also be issued expeditiously on receipt of information about consequential benefits from the schools concerned.
Having taken note of aforesaid documents, this Court is of the view that there is a substantial compliance on the part of the respondents, as such, nothing remains to be adjudicated in the instant proceedings and accordingly, the same are disposed of with a direction to Director, School Education, Himachal Pradesh to release first installment of the arrear to the remaining petitioners in both the COPC’s as has
been done in the case of others expeditiously, preferably within four weeks from today. Similarly, orders with regard to pay fixation shall also be issued within afore time. In case, needful is not done within stipulated time, respondents would aggravate the contempt and petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken against the erring officials. September 23, 2025
(Sandeep Sharma),
(sunil) Judge