Extracted from the PDF above. The PDF is authoritative.
2025:HHC:6251 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6653 of 2023 Date of Decision: 17.03.2025 _____________________________________________________________________ Sanjay Kumar ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath & Mr. Piyush Mehta, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:-
“(i) That the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to release Grant-in-Aid in favour of the petitioner w.e.f. 16.08.2014 when Non-Tribal areas have been included within the scope and ambit of policy dated 17.07.2012 i.e. "Policy to engage a Teacher(s) through the school management committees purely period on Elementary/Higher basis in Education Departments of Himachal Pradesh in Tribal /Difficult areas." As has been
directed by this Hon'ble Court in Villam Singh's Case Supra
and upheld by the Hon'ble Division Bench of this Hon'ble Court. (ii) That the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to release the arrears of Grant-in- Aid w.e.f. 16.08.2014 till date along with interest @ 9% Ρ.Α. and the respondents be further directed to continuously release the same in future also. (iii) That the writ in the nature of Prohibition or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to not to terminate the services of the petitioner and he be allowed to continue his services in Government Senior Secondary School Hobar, District Chamba.”
2.
Learned Counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment passed by this Court in CWP No. 1631 of 2023, titled as Shri Ravi Sharma Vs. State of Himachal Pradesh & Anr. decided on 06.03.2023 and his client shall be content and satisfied in case respondents are directed to consider his case in light of Ravi Sharma (supra).
3. This Court has perused the pleadings as well as the
judgment being relied upon by learned counsel for the petitioner. Learned Additional Advocate General also could not dispute that the issue raised in this write petition is squarely covered by the judgment being relied upon by the petitioner. 2
4. Accordingly, this writ petition is disposed of in light of the adjudication made in CWP No. 1631 (supra) with a direction that the petitioner be released grant-in-aid in accordance with law within a period of eight weeks from today. Pending miscellaneous application(s), if any, also stand disposed of accordingly. March 17, 2025 (Sandeep Sharma), (sunil)
Judge 3