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High Court of Himachal Pradesh · body

2025 DAILYLAW 37593 (HP)

MUKESH VERMA v. THE STATE OF HP AND OTHERS

CWP/17142/2025 · 2025-12-03

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17142 of 2025 Decided on: 03.12.2025 ------------------------------------------------------------------------------------- Dr. Mukesh Verma …..Petitioner Versus State of H.P. and Ors .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Dhiraj Thakur, Advocate. For the Respondents: Mr. L.N.Sharma, Additional Advocate General, for respondents No.1 and 2. Mr. Yudhvir Singh Thakur, Advocate, for respondents No.3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General and Mr. Yudhbir Singh Thakur, learned counsel, appear and waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively. With the consent of learned counsel for the parties, the matter is heard at this stage. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. This writ petition has been filed for grant of following substantive reliefs:- “(i) The respondents may be directed to make the full payment towards leave encashment to the petitioner in terms of Annexure P-3 to Annexure P-6. (ii) That the petitioner may further be held entitled to the payment of interest on delayed payment of leave encashment from the date of his entitlement.” 3. Learned counsel for the petitioner inviting attention to respondent No.3’s letter dated 17.07.2025 (Annexure P-6), submits that the aforesaid respondent had assured to credit 5% matching share of the leave encashment due to the petitioner, but remaining 95% of the amount, as per H.P. Non-Government Affiliated Colleges Grant-in-Aid Rules, 2008, is required to defrayed by respondents No.1 and 2. Further referring to the documents placed on record at Annexures-7 (colly) and P-8 (colly), it was highlighted that respondent-State has discharged its liability of paying 95% of the leave encashment due to several similarly situated employees of 95% added colleges in other cases, but this liability has still not been defrayed towards the petitioner. 4. In view of pleadings, documents on record as also the submissions made by learned counsel for the parties, this writ petition is disposed of with direction to 3 respondents No.1 and 2 as also respondent No.3 to release their respective shares i.e. 95% (respondents No.1 and 2) and respondent No.3 (5%) towards leave encashment due to the petitioner under the applicable Rules, within six weeks from today, failing which, petitioner shall be entitled to interest @ 5% per annum. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua December 3, 2025 Judge R.Atal