IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4979 of 2025 Date of Decision: 14.10.2025 _______________________________________________________ Reena Dogra …….Petitioner Versus State of Himachal Pradesh & others … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Vinay Mehta, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. Vishal Panwar Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. _______________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main reliefs:- “(a). Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents No.2 and 3 to immediately issue the duty certificates for the period of April, 2024 to September.2024, enabling the release of petitioner salary by respondent No.4; (b) The respondents may kindly be directed to ensure compliance with the directions issued by the competent authority vide letter dated 06.09.2024 and 1Whether the reporters of the local papers may be allowed to see the judgment? 2 earlier orders of this Hon’ble Court in CWP No. 7373 of 2024; (c) The directions may be issued to award exemplary costs or damages for the undue harassment caused to the petitioner due to the willful non-compliance by respondent Nos. 2 and 3.” 2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that vide Notification dated 19.01.2024 (Annexure P-1), petitioner herein, who at the relevant time was working as Lecturer (Nursing) in Government Nursing College, Nerchowk, District Mandi, Himachal Pradesh, was deputed to Sister Nivedita Government Nursing College, Shimla, against the vacant post of Reader-cum-Associate Professor (Nursing) till further orders/ joining of the regular incumbent. Since on 12.03.2024, the regular incumbent joined, respondent No.3 i.e. Principal, Sister Nivedita Government Nursing College, I.G.M.C., Shimla, relieved the petitioner from her duties (Annexure P-3). However, before the petitioner could be relieved, the Secretary to the Hon’ble Chief Minister, Government of Himachal Pradesh, vide communication dated 16.03.2024(Annexure P-7), directed respondent No.3 to retain the petitioner at Sister Nivedita 3 Government Nursing College, I.G.M.C, Shimla. However, in the absence of the valid direction from the competent authority, the Principal, Sister Nivedita Government Nursing College, I.G.M.C, Shimla (respondent No.3), sought necessary clarification from the higher authorities vide letter dated 20.03.2024 (Annexure R- 2/3). Since despite there being relieving order dated 13.03.2024, petitioner did not join at SLBSGMC, Ner Chowk, District Mandi, Himachal Pradesh, the Principal of aforesaid College called for an explanation from the petitioner vide communications dated 04.05.2024 and 10.06.2024, directing her to join duties, failing which, her absence will be treated as willful absence from duty. Vide afore communications, petitioner was also directed to explain the position regarding her absence from duty (Annexures R-2/4 & R-2/5). However, in the meantime, Secretary (Health) to the Government of Himachal Pradesh, issued fresh Notification dated 11.06.2024 (Annexure R-2/6), whereby temporary deployment of the petitioner from Government Nursing College, Nerchowk, Mandi to Sister Nivedita Government Nursing College, Shimla was ordered against the vacant post for a period of six months i.e upto 13.09.2024 or till the joining of the regular incumbent whichever is earlier, without TTA. 4 3. Now the dispute in the present case is with regard to period starting from 13.03.2024 to 11.06.2024, during which period, petitioner was relieved from the Sister Nivedita Government Nursing College, Shimla, enabling her to join duties at Nerchowk. Though, as has been observed hereinabove, a direction was issued from the Office of the Hon’ble Chief Minister, Himachal Pradesh, to retain the petitioner till further orders, but since no formal order in that regard was passed by the competent authority, Principal, Sister Nivedita Government Nursing College, Shimla, relived the petitioner on 13.03.2024, but fact remains that after her being relieved from aforesaid college, she never resumed the duties at Nerchowk, as a result thereof, her salary for the period from March to June, 2024, was withheld. As of now, the salary for the months of March and April, 2024, stand released, and the dispute survives only with respect to the salary for the month of May and June, 2024. 4. It is the specific case of the petitioner that though she was relived vide order dated 13.03.2024, but since pursuant to the direction issued by the Office of the Hon’ble Chief Minister, she was permitted to work at Sister Nivedita Government Nursing College, Shimla and accordingly, she kept on 5 discharging her duties till the issuance of Notification dated 11.06.2024, whereby her temporary development was extended upto 13.09.2024 and as such, she is entitled to be paid salary qua aforesaid period. 5. If the reply filed by the respondents is perused in its entirety, it reveals that after 13.03.2024 till 11.06.2024 petitioner never worked at Sister Nivedita Government Nursing College, Shimla and as such, there is no occasion, if any, for release of salary for the aforesaid period. There is no explanation in the reply filed by the respondents that in case petitioner had not worked after her being relieved on 13.03.2024 till her rejoining pursuant to Notification dated 11.06.2024, where was the occasion to release the salary of the petitioner for the months of March and April, 2024. 6. Having heard learned counsel for the parties and perused material available on record, this Court finds that though vide relieving order dated 13.03.2024, petitioner was relieved from Sister Nivedita Government Nursing College, Shimla, enabling her to join at Nursing College, Nerchowk, but since respondent No.3 i.e. Principal of Sister Nivedita Government Nursing College, Shimla was directed to retain the petitioner by 6 the Office of the Hon’ble Chief Minister, Himachal Pradesh, she kept on discharging her duties at Sister Nivedita Government Nursing College, Shimla. Though, there is nothing to suggests that formal orders, if any, with regard to retention or further deployment of the petitioner after 13.03.2024 ever came to be issued till issuance of Notification dated 11.06.2024 (Annexure R-2/6), but factum with regard to release of salary of the petitioner for the months of March and April, 2024, is not in dispute. 7. This Court is persuaded to agree with the contention of learned counsel for the petitioner that though petitioner herein was relieved on 13.03.2024, but pursuant to the direction issued from the Office of the Hon’ble Chief Minister, she kept on discharging her duties in Sister Nivedita Government Nursing College, Shimla, which fact is otherwise evident from the various documents adduced on record suggestive of the fact that during afore period petitioner, besides doing administrative work, had been also taking classes. Otherwise also, there is no explanation that in case petitioner had not worked beyond 13.6.2024, where was the occasion for the respondents to release salary for the months of March and April, 2024. 7 8. Though, no document has been adduced on record by the petitioner to demonstrate that in the months of May and June, 2024, she worked at Sister Nivedita Government Nursing College, Shimla, but bare perusal of communication dated 06.09.2024 (Annexure P-16), issued under the signatures of Director, Medical Education & Research, Himachal Pradesh, clearly reveals that petitioner’s deployment at Sister Nivedita Government Nursing College, Shimla was w.e.f. 13.03.2024 to 13.09.2024 (six months). While making aforesaid assertion, aforesaid authority specifically called upon the Principal of the College concerned to issue duty certificate in favour of the petitioner, enabling authorities of SLBSGMC, Mandi at Nerchowk to release her salary. Vide communication dated 10.09.2024 (Annexure P-19), Director, Medical Education & Research, Himachal Pradesh, also apprised the Secretary (Health) to the Government of Himachal Pradesh that petitioner herein has requested for her temporary deployment against the vacant post of Associate Professor at Sister Nivedita Government Nursing College, Shimla for a period of six months i.e. 13.03.2024 to 13.09.2024 and her deputation is going to expire on 13.09.2024. 8 9. Though, Principal of Sister Nivedita Government Nursing College, Shimla, repeatedly claimed that petitioner had not discharged duties w.e.f. 13.03.2024 to 12.06.2024, but as is evident from communications (Annexures P-16 &P-19), petitioner remained on deputation with Sister Nivedita Government Nursing College, Shimla, coupled with the fact that during afore period, she also taught nursing students as such, there appears to be no reason to deny the salary to the petitioner for the months of May and June, 2024. 10. At the cost of repetition, it is noticed that in case petitioner had not discharged any duties in the months of March and April, 2024, there was no occasion for the respondents to release the salary of the petitioner qua aforesaid period. As of today, it is not in dispute that vide Notification dated 11.06.2024, petitioner worked at Sister Nivedita Government Nursing College, Shimla till 13.09.2024, which fact has been otherwise apprised by Director Medical Education, Himachal Pradesh to the Secretary (Health) to the Government of Himachal Pradesh, who despite having taken note of the fact that petitioner was relieved on 13.03.2024, extended her period of deputation till 13.09.2024 vide order dated 11.06.2024 (Annexure R-2/6). 9 11. Consequently, in view of the above, present petition is allowed and respondent Nos. 2 and 3 are directed to issue duty certificate to the petitioner for the period of April 2024 to September, 2024, enabling respondent No.4 to release her salary of the aforesaid period. Needful in terms of instant order, shall be done expeditiously, preferably within a period of two weeks. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge October 14, 2025 (shankar)