2026:HHC:38095 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA COPC No.1240 of 2026 Decided on: 08.09.2026. ________________________________________________________ Kailash Chand ...Petitioner Versus Rakesh Kanwar Secretary ...Respondents Education & Another Coram: Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Vivek Thakur & Mr. Vijay Mokhta, Advocates. For the respondents: Mr. Gautam Sood, Deputy Advocate General. Ranjan Sharma, Judge A Co-ordinate Bench of this Court passed an order dated 06.01.2025 in CWP No.16040 of 2024, titled Kailash Chand v. State of H.P. & Others, whereby, Respondents/Competent Authority were directed to consider and decide the representation dated 29.10.2024 [Annexure P-2, in said writ petition] in accordance with law, within six weeks. 2. Upon listing of the instant contempt petition [COPC No.1240 of 2026] this Court issued 1 Whether reporters of Local Papers may be allowed to see the judgment? 2026:HHC:38095 - 2 - notice and as prayed by Learned State Counsel hearing was deferred so as to enable him to have complete Instructions in the matter as to whether the representation was decided or is still pending. 3. Upon listing of the case today, Learned State Counsel has furnished Instructions dated 07.09.2026, furnished to him by Director of School Education, Himachal Pradesh enclosing a copy of the order dated 27.03.2025 passed by Deputy Director of Elementary Education, Chamba, District Chamba, (H.P.) deciding the representation allowing the pay scale of Rs.5480-8925 w.e.f. 21.09.2000 and the revised pay scale of Rs.1030-34800+3200 Grade Pray w.e.f. 01.01.2006. Instructions further indicate Principal PM Shri GSSS Randoh, District Chamba, has issued an order dated 15.12.2025 refixing the pay in applicable pay-scale, in terms of the speaking order dated 27.03.2025. 4. Learned Counsel for the petitioner submits that in terms of the judgment dated 06.01.2025 though speaking order was passed on 27.03.2025; 2026:HHC:38095 - 3 - and pay has been refixed by Principal on 15.12.2025 but resultant consequential benefits, upon decision of representation, have not been released to the petitioner, as yet. 5. Considering the above facts, this Court is of the considered view, that in terms of the mandate of the Hon’ble Supreme Court in the case of Kanwar Singh Saini v. High Court of Delhi, (2012) 4 SCC 307, contempt proceedings cannot be a remedy to seek execution of the judgment. Based on the mandate of Hon’ble Supreme Court in the case of Kanwar Singh Saini (supra) the Hon’ble Principal Division Bench in Execution Petition No.65 of 2025, titled Kanta Sharma v. State of H.P. decided on 21.08.2026, has outlined that the remedy available to the petitioner is to seek execution under Order 21 Rule 32 CPC, when, the judgment dated 06.01.2025, did not mandate the Respondents/ Competent Authority to “release all or any of the consequential benefits or arrears” to the petitioner. Accordingly, this Court refrains from passing any directions with respect to release of 2026:HHC:38095 - 4 - consequential benefits, if any, to the petitioner. 6. Faced with above situation, Learned Counsel for the petitioner prays, for closing the contempt proceedings by reserving liberty, to seek appropriate remedy by way of Execution under Order 21 Rule 32 CPC hereinafter, for surviving grievances, if any, in accordance with law. before the competent Court. 7. Prayer, made by Learned Counsel for the petitioner appears to be genuine in accordance with principle mandated by Hon’ble Supreme Court in Kanwar Singh Saini and by Hon’ble Division Bench in Kanta Sharma (supra). 8. Reserving liberty to the petitioner and in view of above discussion, and for reasons recorded hereinabove, instant proceedings [COPC No.1240 of 2026] shall stand closed. Notice issued on 03.09.2026 shall stand discharged. Petitioner is free to avail appropriate remedy, in case, any grievance still survives, hereinafter, in accordance with law, if so desires. In aforesaid terms, the present petition and 2026:HHC:38095 - 5 - all pending miscellaneous application(s), if any, stand disposed of. (Ranjan Sharma) Judge September 08, 2026 [Shivender]