IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10414 of 2025 Date of decision: 22.07.2025 Dhanmaya. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Bonit Thakur, Advocate, vice Mr. A.K. Gupta, Advocate. For the respondents : Mr. Sikander Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Gist of the petitioner’s case was noticed in the following order dated 30.06.2025:- “Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. Learned counsel for the petitioner does not dispute that the petitioner is liable to return an amount of Rs.8,00,000/- to the respondents in view of law laid down in Civil Appeal No. 1595/2025 (State of Himachal Pradesh & Ors. Vs. Surajmani & Anr.) decided on 06.02.2025. His contention, however, is that this amount can be set off by the respondents against the arrears of pay due to the petitioner under 2016 Revision of Pay Scale. 3. Let the respondents to file reply/place on record instructions in this regard before the next date. 4. List on 03.07.2025.” 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2. Respondents have filed reply. As per the reply, petitioner was allowed work-charge status, subject to outcome of decision in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.2. Based upon the work-charge status conferred upon the petitioner, an amount of Rs.1,78,371/- was released in his favour. In Surajmani2, the Hon’ble Apex Court has, inter alia, held as under:- “We also make it explicitly clear that the State in its endeavour of implementing the orders of the Tribunal, High Court or this Court, if having paid the amount in excess, would be at liberty to take such steps as it deem fit without insisting for one time recovery.” Respondents’ further stand is that in view of aforesaid decision, the arrear released in favour of the petitioner has already been ordered to be recovered. Out of the released amount, Rs.35,680/- have been recovered. The outstanding amount yet to be recovered from the petitioner is Rs.1,42,691/-. 3. The reply further states that under the H.P. Civil Services (Revised) Pay Rules, 2022, total arrear due to the petitioner is Rs.1,68,668/- out of which Rs.80,000/- has already been released to him. An amount of Rs.88,668/- is yet to be released. That release of arrears on account of 2 Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025 revision of pay scale has no relationship with the arrears pertaining to work-charge status recoverable from the petitioner in light of decision rendered in Surajmani2, which in the instant case is much more than the amount due to be paid to the petitioner as arrear under Revised Pay Rules, 2022. 4. In view of above, learned counsel for the petitioner seeks permission to withdraw the writ petition. Accordingly, the present writ petition is dismissed as withdrawn. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua 22nd July, 2025 Judge (Pardeep)