2026:HHC:11399 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16029 of 2025 Decided on: 09.04.2026 Sanjeev Sharma … Petitioner Versus The State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Mr. Vivek Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajpal Thakur, Additional Advocate General, for the respondents-State. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “i. Issue a writ of mandamus or other appropriate writ, order or directing the respondents to release the petitioner's salary for the month of July & August 2019 immediately along with interest thereon. ii. To Direct the respondent authority to take final decision on the Annexure P-3 by releasing the salary of the petitioner. iii. Direct the respondent No. 3, Deputy Director Mandi to send the petitioner attendance/joining report to Respondent No. 4 i.e. The principal at GMS Bhadrwani U/c GSSS Kashmaila, Distt. Mandi, H.P., for release of his salary.” 2. The Instructions stand imparted by the learned Advocate General, as received from Director, School Education, Himachal Pradesh, which reads as under:- 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:11399 “Subject:- CWP No. 16029/2025 - titled as Sanjeev Sharma Vs. State of HP. Sir, I have to honour to submit that the instant CWP was listed in the Hon'ble High Court on 3-3-2026 when after hearing the matter Hon'ble Court has passed the following order: "By way of this writ petition, the petitioner has approached this Court praying for the release of salary for the month of July and August, 2019. Having heard learned Counsel for the petitioner and having perused the averments made in the pleadings, this Court is of the considered view that in the peculiar facts of the case, it would be in the interest of justice, in case, the case of the petitioner is reconsidered by the Authority concerned so that the petitioner can be paid the salary for the month of July and August, 2019, until and unless there is a very-very serious impediment thereto. Learned Deputy Advocate General prays for and is granted three weeks time so that in the meanwhile, the Authority can revisit the case. Let the petitioner be also heard by the Authority in the process. List on 09.04.2026. Fresh instructions be obtained in the meanwhile. In compliance to the above directions the case of the petitioner was revisited by the respondent department and it has been observed that the Medical Certificate submitted by the petitioner appeared to be tampered for the period 20-6-2019 to 4-7-2019. Further, as per statement of the Petitioner, he was also on medical leave w.e.f. 16-08-2019 to 30-09-2019, however, no record of such leave is available in the school record. As per the attendance register, no specific leave was 3 2026:HHC:11399 sanctioned in his favour bythe competent authority. It is also to mention here that Petitioner was officiating at GMS Bhaderwani at the relevant time and the attendance register was also verified by him. It is further observed that the salary for the month of September, 2019 has already been sanctioned and disbursed in his favour by the Principal, GSSS, Kashmaila, District Mandi without obtaining permission from the higher authority, which appears to be irregular. Further, it is found that the petitioner is entitled for the salary for the period w.e.f. 05-07-2019 to 15-08-2019 on account of the facts that the Petitioner remained on Medical Leave from 5-7-2019 to 15-8-2019 on account of the facts that the Petitioner remained on Medical Leave from 21-6-2019 to 4-7-2019 and thereafter joined duties at GMS, Bhaderwani on 5-7- 2019 during the summer vacation. Subsquently, one Sh. Kuldeep Guleria, TGT (NM) obtained a stay order from this Hon'ble High Court against the transfer orders and the Petitioner was relieved from his duties in absentia on 11-7-2019. Further the petitioner obtained a counter stay on 15-7-2019 and rejoined his duties on 16-7-2019. For the intervening period from 12-7-2019 to 15-7-2019, Petitioner has submitted a Medical Certificate duly verified by the Medical Officer, Civil Hospital, Sarkaghat (Mandi). The Schoo remained under summer vacation upto 2-8-2019. Thereafter, the Petitioner was present in the School on 3-08-2019, 8-8-2019, 9-8-2019, 13-8- 2019, 14-8-2019 and 15-8-2019. Petitioner has availed Causal Leave from 5-8-2019 to 7-8-2019. The remaining day's upto 15-8-2019 were gazetted holidays. In view of the facts and circumstances, the 4 2026:HHC:11399 petitioner is not entitled to salary for the period from 16- 8-2019 to 31-8-2019 (16 days). However, salary for the period from 5-7-2019 to 15-08-2019 ( one month and 11 days) has been sanctioned to the favour of the Petitioner. Copy of same is enclosed herewith. Furthermore, the salary w.e.f. 1-7-2019 to 4-7-2019 will be released to the Petitioner subject to the final outcome of the Preliminary enquiry on the point mentioned in the para supra. You are, therefore, requested to apprise the Hon'ble High Court accordingly and pray for the disposal of the present CWP, please.” 3. Though, the learned Counsel for the petitioner submitted that the petitioner was entitled for salary from 01.07.2019, however, perusal of the order passed by this Court, dated 09.12.2005, demonstrates that it was observed in that order that the petitioner was working in the School w.e.f. 05.07.2019. 4. Therefore, in light of the contents of the instructions imparted to the Court, this petition is disposed of as having rendered infructuous, with the observation that the amount, if not already released in favour of the petitioner, be released forthwith. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 09, 2026 (Rishi)