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2025 DAILYLAW 4529 (HP)

SUDHIR KUMAR v. STATE OF HP AND OTHERS

CWP/14597/2025 · 2026-09-10

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 14597 of 2025. Decided on : 10 th September , 2026 Sudhir Kumar ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Dheeraj Thakur, Advocate. For the respondents: Mr. Sikander Bhushan, Deputy Advocate General for respondents No. 1 and 2. Mr. Yudhbir Singh Thakur, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge. With the consent of learned counsel for the parties, the matter is heard at this stage. 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-2 to Annexure P-5. (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 22.07.2025 (Annexure P-5), submits that 1 Whether reporters of the local papers may be allowed to see the judgment? 2 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 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 Judge 10th September, 2026. (jai)