( 2025:HHC:35485 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4658/2025 Decided on: 27.10.2025 Rahul Sharma …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Sparsh Bhushan, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua , J This writ petition has been filed for the grant of following substantive relief: - “That an appropriate writ, order or directions may kindly be issued, thereby directing the respondents that after regularizing the period both for which the petitioner remained under suspension i.e. with effect from 10.10.2018 to April, 2019 as also the period when on account of penalty of dismissal imposed upon the petitioner he remained out of job from, i.e. on and w.e.f. 21.6.2021 uptil 25.4.2023, all the consequential benefits may be released in favour of the petitioner and further the petitioner may be promoted to the post of DPE which is promotional post from the date when his juniors stood promoted and the same promotion may also be paid with all consequential benefits, like, pay, seniority arrears etc along with interest @9% p.a. in the interest of law and justice.” 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 ( 2025:HHC:35485 ) 2. Heard. 3. Petitioner was serving as Physical Education Teacher (PET) in the respondents-Education Department. In view of a complaint filed against the petitioner on 08.10.2018, the respondents placed him under suspension on 10.10.2018. A memorandum of charge-sheet was issued against the petitioner under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 on 15.02.2019 with allegation of petitioner having sexually assaulted a student of the concerned school with further allegation of petitioner being habitual of sexually harassing girl students of the school in question. Reply filed by the petitioner to the charge-sheet was not found satisfactory, and consequently, disciplinary proceedings were pursued against him. Petitioner’s suspension was revoked on 09.04.2019. On 21.06.2021, the disciplinary authority imposed penalty of ‘dismissal from service’ upon the petitioner. Aggrieved thereby, the petitioner filed an appeal against the said penalty order. The appellate authority/respondent No.2 vide order dated 05.04.2023 substituted the penalty of dismissal from service with that of withholding two annual increments of the petitioner without cumulative effect, without the effect of postponing his future increments of pay with further order that the same would not adversely affect his pension. 3 ( 2025:HHC:35485 ) Even though penalty of withholding of two annual increments without cumulative effect was a minor penalty in terms of Rule 11(iv) of the CCS (CCA) Rules, 1965, yet the aforesaid order passed by the appellate authority worded the same as “Major Penalty”. In the above background, the petitioner preferred this writ petition primarily with the grievance that no order had been passed by the respondents for regularizing the period during which he remained under suspension w.e.f. 10.10.2018 to 09.04.2019. Further grievance of the petitioner was that the respondents have also not passed any order for the period 21.06.2021 up-to April 2023, during which, he remained out of service owing to the penalty of dismissal from service imposed upon him. Another prayer made for the petitioner is that he was required to be promoted to the post of DPE from the date his juniors stood promoted with consequential benefits. 4. Following order was passed in the matter on 01.04.2025: - “Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Petitioner’s main grievance is that the respondents have not passed any order for the period for which the petitioner remained under suspension, i.e. w.e.f. 10.10.2018 to April, 2019, as also the period when on account of penalty of dismissal 4 ( 2025:HHC:35485 ) imposed upon the petitioner, he remained out of job, i.e. w.e.f. 21.06.2021 upto 25.04.2023. Let learned Additional Advocate General to have instructions on the aforesaid aspect. List during the course of next week.” In compliance to the above and subsequent orders passed in this writ petition, the respondents placed on record office instructions dated Nil August, 2025 along with Addendum dated 18.08.2025. The Addendum dated 18.08.2025 revises the order dated 05.04.2023 passed by the appellate authority. In terms of the Addendum:- the word “Major Penalty” used in the operative part of the order dated 05.04.2023 passed by the appellate authority has now been substituted as “Minor Penalty”; Period of suspension of the petitioner i.e., from 10.10.2018 to 09.04.2019 has been ordered to be treated as time spent on duty as per administrative instructions No.3 below FR 54, due to imposition of minor penalty upon him; The petitioner has been held entitled to full pay and allowances for the period of suspension; The suspension period of the petitioner has also been ordered to be counted for increment and pension. Further as per Addendum, the period from 21.06.2021 to 25.04.2025 during which the petitioner remained absent from duty on account of penalty of dismissal from service previously imposed upon him, has been ordered to be converted into leave of the kind due and admissible to 5 ( 2025:HHC:35485 ) the extent it is admissible and rest of the period of absence has been ordered to be treated as extraordinary leave (on personal affairs) due to the application of “no work, no pay”. The period of absence (on account of imposition of penalty of dismissal) w.e.f. 21.06.2021 to 25.04.2023 has been dealt with as under: - “3. That the period of absence due to dismissal of charged official Sh. Rahul Sharma, PET from service i.e. w.e.f. 21.06.2021 to 25.04.2023 may be converted into leave of kind due and admissible to the extent it is admissible and rest of the period of absence may be treated as Extra ordinary leave (on personal affairs) due to the application of "No work No pay” and due to non performance of duty by the charged official, after giving him a reasonable opportunity to make his 'representation. 4. That for the period of dismissal i.e. 21.06.2021 to 25.04.2023 the Govt. servant may be allowed leave salary depending on the basis of the treatment of said period. If the period of absence is covered by grant of earned leave, the full leave salary may be paid or if the period of absence is covered/regularized by grant of EOL, no leave salary will be admissible to the Govt. Servant…..” In terms of respondents’ further instructions dated Nil, September, 2025 placed on record of the case:- “as per the provision of Rule 40(5) of the (Classification, Control and Appeal) Rules, 1972, a government servant on EOL is not entitled for leave salary. Besides this, as per FR 25 b (ii), the period of EOL does not count for increment and as per Rule 21 of CCS (Pension) Rules, 1972, the EOL, period does not qualify for pension.” 6 ( 2025:HHC:35485 ) 5. Learned Senior Advocate for the petitioner has expressed reservation with regard to paras-3 & 4 of the Addendum dated 18.08.2025. Since petitioner’s grievance now is to some paras of the Addendum issued by the respondents on 18.08.2025 modifying the order passed by the Appellate Authority, this writ petition is disposed of with liberty reserved to the petitioner to seek appropriate remedy against the revised order passed by the appellate authority under the Addendum dated 18.08.2025, in accordance with law. However, in view of the said Addendum, respondent No.2/competent authority is directed to consider and examine petitioner’s prayer for promotion to the post of DPE, from the date his juniors were statedly promoted as such, in accordance with law, within six weeks. The decision so arrived at be also communicated to the petitioner. By way of abundant caution, it is clarified that merit of this prayer of the petitioner has not been gone into. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 27th October, 2025(rohit)