NAINA DEVI JI TEMPLE TRUST AND ANOTHER v. MURARI LAL
LPA/140/2025 · 2025-06-03
Gurmeet Singh Sandhawalia, Ranjan Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10864 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10864 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
LPA No.140 of 2025
Date of Decision:- 03.06.2025
Shri Naina Devi Ji Temple Trust ....Appellants and another Versus Murari Lal and others ....Respondents Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting?1 For the Appellants. : Mr. K.D. Sood, Senior Advocate with Mr. Vivek Thakur, Advocate.
For the Respondents : Mr. J.L. Bhardwaj, Senior Advocate with Mr. Sanjay Bhardwaj,
Advocate,
for respondent No.1. Mr. Rakesh Dhaulta, Additional Advocate General, for respondent No.2. G.S. Sandhawalia, Chief Justice
( O ral).
The challenge in the present Letters Patent Appeal is to the order dated 01.03.2025 passed by the learned Single of this Court in CWP No.11477 of 2024 filed by the writ petitioner.
2. The direction as such in the said writ petition by which the appellants/Employer-Trust is aggrieved, is that the 1 Whether reporters of Local Papers may be allowed to see the judgment?
2
consideration was directed to be made to the case of the petitioner for promotion to the post of Principal w.e.f. 01.06.2023 in terms of Bye-laws and Rules amended in the year 2024. 3. It was noticed by the learned Singje Judge that the writ petitioner as such was officiating Principal for the last one and a half year and therefore, directions were issued that needful in terms of the instant order be done by the respondents expeditiously. Further, directions were also issued that the release of salary attached to the post of Principal be also done for the period the petitioner officiated and necessary steps be taken in this regard. 4. We are now informed that in pursuance to the directions of the learned Single Judge with Office Order has also been passed on 30.05.2025, whereby the writ petitioner has been promoted to the vacant post of Prachrya (Sanskrit College Cadre) (Class-I) purely on temporary and officiating basis in academic pay level 14 of pay matrix (Rs.144200-218200) + other allowances w.e.f. 30.05.2025. The benefit of exercising in his option for fixation of pay has also been granted. It is also brought to our notice that accordiingly, he also superannuated on the next day on 31.05.2025 having attained the age of 60 years. 3
5. In such circumstances, we are of the considered opinion that regarding the issue of promotion this appeal has already been rendered as infructuous. Regarding other aspect of financial benefits for the period he was officiating as Principal, we are of the considered opinion that once the appellant/Employer- Trust as such had given the responsibility of the higher post to the petitioner and taken the work against the same, in view of the settled postion of law, he is entitled for higher emoluments for the period he officiated as Principal. Resultantly no fault can be found in the judgment of the learned Single Judge, wherein such directions have been issued by recording the factual matrix that he was officiating to the post of Principal after 31.05.2025 in pursuance to the said order. 6. Learned Single Judge has relied upon the judgment passed by Hon’ble Apex Court titled as Secretary-cum-Chief Engineer, Chandigarh Vs. Hari Om Sharma and others (1998) 5 SCC 87 and State of Punjab and another Vs. Dharam Pal (2017) 9 SCC 395 to give the said benefits. 7.
In view of above, we do not find any plausible reasons to entertain the appeal as such. Resultantly, the same is dismissed. 4
8. All pending application(s), if any, shall stand
disposed of. (G.S. Sandhawalia)
Chief Justice
(Ranjan Sharma)
Judge
3rd June, 2025
(munish thakur)