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2026 DAILYLAW 17756 (HP)

The State of HP through Principal Secretary PWD to the Government of HP Shimla 171002 v. Satish Chander

CMP.M/1211/2026 · 2026-07-28

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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The State of H.P. and another vs. Satish Chander CMP(M) No. 1211 of 2026 [Item S-7] 28.07.2026 Present: Mr. Arsh Rattan, Deputy Advocate General, for the applicants/appellants. CMP No. 18867 of 2026 For the reasons stated in the application, the same is allowed and delay in refilling the appeal is condoned. Application stands disposed of. CMP(M) No. 1211 of 2026 Keeping in view the averments made in the application, duly supported by the affidavit of the official, delay of 40 days in filing the appeal is condoned. The application stands disposed of. LPA No. ____ of 2026 Be registered. Inter alia, it is contended that the petitioner on his superannuation on 30th November, 2023, was denied pensionary benefits on the ground that he had remained absent for a period of 1957 days, which has been quantified by the learned Single Judge and tabulated in paragraph 3 of the judgment. The writ petition came to be allowed, though the prayer was only to verify the service rendered from 01.07.2008 to 31.01.2011 and to treat the period of absence as leave without pay, which has been allowed by the Court on the ground of alleged illness. It is further submitted that the order dated 16th December, 2023 (Annexure P-9, page 187 of the paper book) was not challenged in the writ petition. On taking steps within one week, issue notice to the respondent, returnable for 16.09.2026. List on 16.09.2026. CMPST No.42891 of 2026 Keeping in view the above, the operation and execution of the judgment dated 22.12.2025 passed in CWP No. 3457 of 2025, titled Satish Chander vs. State of H.P. and another, shall remain stayed. However, it is open to the State to consider his case for pension after deducting the period of 1957 days. The application stands disposed of. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 28th July, 2026 (Tarun Singh)