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2026 DAILYLAW 3209 (HP)

SANJAY KUMAR v. THE STATE OF HP AND OTHERS

CWP/5185/2026 · 2026-04-16

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:11623 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5185 of 2026 Decided on: 16.04.2026 Sanjay Kumar … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Ms. Shreya Chauhan, Advocate. For the respondents: Mr. R.P. Singh, Deputy Advocate General, for respondents No.1 and 2. Mr. Yudhbir Singh Thakur, Advocate, for respondent No.3. Ms. Archna Dutt, Advocate, for respondent No.4. Ajay Mohan Goel, Judge (Oral) Notice. Mr. R.P. Singh, learned Deputy Advocate General, Mr. Yudhbir Singh Thakur, learned Counsel and Ms. Archna Dutt, learned Counsel, accept notice on behalf of respondents No.1, 2 and 3, 4, respectively. 2. By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:- “I. That the impugned communication dated 10.03.2026 (Annexure P-11) to the extent impugned, may be quashed and set aside being contrary to the provisions of HP University Ordinance. II. That the petitioner may be held entitled to continue in service till the end of academic session i.e. upto 30.06.2026 notwithstanding the fact that he is going to complete 60 years of age on 26.04.2026, his date of birth 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:11623 being 26.04.1966 and the respondents may be restrained from retiring the petitioner from service on 30.04.2026. III. That the respondent no.1 and 2 may kindly be directed to continue contributing 95% grant-in-aid towards salary of petitioner upto the actual retirement of the petitioner on 30.06.2026 i.e end of academic session.” 3. The case of the petitioner is that, though, he is attaining the age of superannuation on 26.04.2026, but as the academic session shall be ending on 30.06.2026, therefore, he be allowed to continue upto the end of academic session in light of previous precedents. Learned Counsel for the petitioner has referred to the documents appended with the petition and submitted that in similar cases the petitions have been disposed of by directing the Authorities to allow the petitioner to continue till the end of the academic session. Learned Counsel has referred to Annexure P-12 (Colly) in general and the judgment of the Hon’ble Coordinate Bench in CWP No.15098 of 2024, titled Dr. Sudhir Kumar Versus State of H.P. & Ors., decided on 17.12.2024 and in particular submitted that similar relief be granted to the petitioner. 4. In light of the fact that the respondents could not dispute that in similar cases orders have been passed directing the Authorities to allow incumbents like the petitioner who belong to the academic faculty to continue to serve till the end of the academic session, this petition is disposed of with the direction that the petitioner shall be allowed to continue to serve till 30.06.2026, 3 2026:HHC:11623 i.e. the end of the academic session. The respondents are further directed to release the grand-in-aid (95% State share + 5% College Share) for disbursement of due and admissible salary to the petitioner, which he was drawing as from the date of passing of the petition. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 16, 2026 (Rishi)