IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No:2331 of 2025 Decided On : 19th February, 2025 __________________________________________________________ Sanjeevani Puri ...Petitioner Versus State of Himachal Pradesh & Ors. ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Mr. Baldev Singh Negi, Additional Advocates General. Ranjan Sharma, Judge [Oral] Petitioner, Sanjeevani Puri, being a Trained Graduate Teacher [Non-Medical], has come up before this Court, seeking the following relief(s): “ (i) That the writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to release the salary for the period w.e.f. 1.8.2023 to till date alongwith interest @12% per annum on the delayed payment of salary, in the interest of justice and fair play.” 2. In the background of the relief, referred to above, matter was listed before this Court on 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 14.02.2025, when this Court passed the following orders:- “CWP No. 2331 of 2025 Heard. Notice. Mr. L.N. Sharma, Learned Additional Advocate General appears and waives service of notice on behalf of respondents No. 1 to 3. Learned State Counsel prays for three days’ time to have instructions in the matter. As prayed for by Learned State Counsel, list the matter on 19.02.2025. CMP No. 2238 of 2025 Heard. Notice in aforesaid terms. 2. Grievance of the petitioner is that the petitioner is suffering from 92% hearing impairment and taking into account her disability the Director of Elementary Education, posted/adjusted the petitioner as Trained Graduate Teacher [Non-Medical] in Government Senior Secondary School [Boys], Hamirpur on 31.08.2023 [Annexure P-2]. This order was modified by the Director of Elementary Education on 06.09.2023 [Annexure P-3] whereby the petitioner was deployed in the Office of Deputy Director of Elementary Education, Hamirpur without any deputation allowance. It is contended by Mr. K.B. Khajuria, Advocate that pursuant to the passing of order dated 06.09.2023 [Annexure P-3] the petitioner had joined and is presently working in the Office of Deputy Director of Elementary Education, Hamirpur but the petitioner has not been released the salary till date. Reference is born to Communication dated 25.10.2023 [Annexure P-4] whereby the Deputy Director Elementary 3 Education, Hamirpur has forwarded the case of the petitioner to the Director of Elementary Education, Shimla [HP] for approval of drawal of salary against any other surplus post. 4. The material on record, reveals a very sorry state-of-affairs, for the reason that once the respondents have issued an order on 06.09.2023 [Annexure P-3], adjusting the petitioner in office of Deputy Director of Elementary Education, Hamirpur and even and the Deputy Director concerned has even forwarded the case for release of salary, after due approval by the Director of Elementary Education but no such salary has been released to the petitioner till date. Moreover, once the orders dated 06.09.2023 [Annexure P-3] are still existing and the petitioner is still working with the Office of Deputy Director concerned then, the right to earn salary becomes a fundamental right. Faced with this situation Learned State Counsel prays for three days’ time to have Instructions qua the release of salary to the petitioner w.e.f. September 2023 till day. It is clarified that the pendency of this petition, shall not preclude the respondents, from releasing the salary of the petitioner, in the interregnum. List the matter on 19.02.2025.” 3. In compliance to Para 4 of the orders dated 14.02.2025, Learned State Counsel has furnished Instructions dated 18.02.2025 along with a copy of orders issued by the Director of Elementary Education, Himachal Pradesh dated 18.02.2025 [taken on record], 4 according approval for releasing the salary of petitioner against the vacant post of TGT [Non-Medical] for the period w.e.f. 01.10.2023 to 31.01.2025, against the post of GMS Panch Bhaiya U/C GSSS Noura Boura, District Shimla. Copy of necessary approval has been sent to Deputy Director of Elementary Education, Hamirpur/ Shimla, for initiating further action for releasing the salary of the petitioner. 4. Taking into account the entirety of facts and circumstances, this Court disposes of the instant writ petition, in the following terms :- (i) Deputy Director of Elementary Education Hamirpur/Shimla are directed to release the salary of petitioner for the period from 01.10.2023 to 31.01.2025, in terms of the approval dated 18.02.2025, on or before 05.03.2025. (ii) Needless to say that since the petitioner is presently serving as TGT [Non-Medical], in the office of Deputy Director Elementary Education, Hamirpur, the respondents shall also take effective steps for releasing salary to petitioner beyond 01.02.2025 till her continuation in office or elsewhere, in accordance with law, from time to time. (iii) No order as to costs. 5 5. In view of the above, the instant petition is disposed of, so also the pending miscellaneous application(s), if any. (Ranjan Sharma) February 19, 2025 Vacation Judge (Chiranjeev)