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2025 DAILYLAW 18811 (HP)

C.P. KAUSHAL v. STATE OF HP AND OTHERS

CWP/9610/2023 · 2025-09-15

Jyotsna Rewal Dua

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Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.9610 of 2023 Decided on: 15.09.2025 ------------------------------------------------------------------------------------- Dr. C.P. Kaushal ………..Petitioner Versus State of H.P. and Ors. ……..Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Aman Parth Sharma, Advocate. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No.1 & 2. Mr. Yudhvir Singh Thakur, Advocate, for respondent No.3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The petitioner seeks a direction to the respondents to release him salary for extended period of his service i.e. w.e.f. 01.08.2022 to 30.06.2023. 2. Dr. C.P. Kaushal vs. State of H.P. and others2 was instituted by the petitioner with the case that he was serving as Associate Professor, Chemistry in respondent No.3- College; in terms of Hand Book, Vol.-II The First Ordinances of Himachal Pradesh University 38.5B(d), Part-I, Rule 12, relating to the Transfer of Non-Government Affiliated Colleges, he was required to be continued in service till the end of academic year. 1Whether reporters of print and electronic media may be allowed to see the order? 2CWP No.4923 of 2022 decided on 31.10.2022 2 3. The writ petition was allowed on 31.10.2022 in light of Dr. Sanjeev Kumar vs. State of Himachal Pradesh and others3. The petitioner was permitted to continue to serve till the end of academic session i.e. 30.06.2023. 4. It is an admitted position of the parties that petitioner continued to serve till 30.06.2023. Petitioner’s present grievances are in respect of respondents not paying his salary for the extended period i.e. 95% by respondents No.1 and 2 (State) and remaining 5% by respondent No.3, petitioner being employee of 95% government aided college. 5. In support of the relief claimed, learned counsel for the petitioner placed reliance upon several decisions rendered by the Court on the issue more particularly in Ajay Kapoor vs. State of H.P. and others4 and Ajay Kapoor vs. State of H.P. and others5. In the said decision, apart from permitting the petitioner to continue to serve till the conclusion of the academic session, he was also held entitled for grant-in-aid on the same terms as was existing during his service tenure prior to attaining the age of 60 years. In view of the above, this writ petition is allowed. Respondents are directed to release the grant-in-aid (95% State share plus 5% college share) for disbursement of due and admissible salary to the petitioner for the period from 01.08.2022 to 30.06.2023. This exercise be carried out within 3CWP No.4246 of 2019 decided on 17.12.2019 4CWP No.3301 of 2019 decided on 28.11.2019 5CWP No.3156 of 2020 decided on 22.09.2022 3 three weeks from today. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua September 15, 2025 Judge Ankit