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2025 DAILYLAW 31339 (HP)

KUNDAN LAL AND ANR v. STATE OF HP AND ANR

CWP/5661/2021 · 2025-07-18

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5661 of 2021 Date of Decision: 18.7.2025 _____________________________________________________________________ Kundan Lal and Anr. ……...Petitioners Versus State of Himachal Pradesh and another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Surender Prakash Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) While placing on record communication dated 8.4.2025, issued under the signature of Director of School Education, Himachal Pradesh, Mr. B.C. Verma, learned Additional Advocate General, states that relief prayed for in the instant petition already stands granted to the petitioners vide order dated 16.9.2021, copy whereof has been placed on record. 2. Having perused aforesaid communication as well as order dated 16.9.2021, there appears to be merit in the contention of learned Additional Advocate General. - 2 - 3. Careful perusal of order dated 16.9.2021, clearly reveals that as per order passed by this Court in LPA No. 146 of 2010 and further approval conveyed by the Government of Himachal Pradesh vide letter dated 21.10.2021, regularization in service has been allowed to these retrenches including the petitioners with all consequential benefits from the date their juniors in contract were regularized. 4. Though it is quite apparent from the aforesaid communication that direction was issued to Principal of the concerned school to release the pay arrears as per finance department, instructions dated 7.1.2012, but learned counsel for the petitioners states that same has not been released till date. 5. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and as such, present petition is disposed of with direction to the Principal of the school concerned to ensure that arrears, if any, in terms of order dated 16.9.2021, if not already released in favour of the petitioners, may be released expeditiously, preferably, within three months. Liberty is also reserved to the petitioners to file appropriate proceedings before appropriate court of law qua surviving grievance, if any. July 18, 2025 (Sandeep Sharma), (manjit) Judge