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High Court of Himachal Pradesh · body

2025 DAILYLAW 5385 (HP)

BAL KRISHAN v. THE STATE OF HP AND OTHERS

CWP/2549/2025 · 2025-10-08

Sandeep Sharma

Special Leave Petitionbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2549 of 2025 Date of Decision: 08.10.2025 _____________________________________________________________________ Bal Krishan ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vikas Rajput, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocate General, for the respondents-State. Mr. R.K. Bawa, Senior Advocate with Mr. Abhinav Thakur, Advocate, for respondents No.4 & 5. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) While placing on record communication dated 20.08.2025, issued under the signatures of Director of Higher Education, Himachal Pradesh, enclosing therewith copy of office order dated 13.08.2025, Mr. Ravi Chauhan, learned Deputy Advocate General, states that prayer made in the instant petition for grant of benefit of leave encashment has been accepted, as such, nothing remains to be adjudicated in the instant proceedings. 2. Having carefully perused afore communication as well as documents annexed therewith, which are taken on record, this Court finds that Government has directed to extend the benefit to the petitioner as given in other similar matter as per court order from time to time after verification of financial benefits claimed by the petitioner subject to legal remedy the state may exercise if deems fit. In terms of afore direction, benefit of leave encashment to the tune of Rs.1,82,820/- has been granted in favour of the petitioner vide order dated 13.08.2025 subject to final outcome of SLP. 3. In view of the above, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a direction to Director of Higher Education, Himachal Pradesh, to ensure that sum of Rs.1,82,820/- on account of leave encashment, if not already released, is released to be petitioner expeditiously, preferably within three weeks, failing which petitioner would be entitled to interest @ 6% per annum from the date afore amount fell due. Though on account of grant of afore relief by respondents No.1 & 2, there appears to be no impediment for respondents No.4 & 5 to release gratuity, but in that regard, liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law qua the surviving grievance, if any. Pending application(s), if any, stand disposed of. October 08, 2025 (Sandeep Sharma), (sunil) Judge 2