Extracted from the PDF above. The PDF is authoritative.
2026:HHC:9332 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.20275 of 2025 a/w CWP Nos. 20369, 20449 & 20451 of 2025 Decided on: 30.03.2026
1. CWP No. 20275 of 2025 Sh. Babu Ram … Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur and another … Respondents
2. CWP No. 20369 of 2025 Sh. Piar Chand … Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur and another … Respondents Coram
3. CWP No. 20449 of 2025 Dr. Anup Katoch … Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur and another … Respondents Coram
4. CWP No. 20451 of 2025 Sh. Manohar Lal … Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur and another … Respondents Coram Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner(s): Mr. Radhey Shyam Gautam, Advocate, in all petitions. For the respondents: Mr. Prince Chauhan, Advocate, for respondent No.1, in all petitions. Mr. Pushpinder Jaswal, Additional Advocate 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2026:HHC:9332 General, for respondent No.2, in all petitions. Ajay Mohan Goel, Judge (Oral) By way of these petitions, the petitioners have prayed for the following reliefs:-
“i) That the action of the respondent University in not making the payment of due and admissible amount of Leave encashment in favour of the petitioners may be quashed and set aside while issuing writ in the nature of Certiorari. ii) That the respondent University may be directed to pay the due and admissible amount of leave encashment of 300 days as sanctioned vide annexure P-2 to the petitioners along with interest @ 9% from the due date till actual payment while issuing writ in the nature of mandamus. iii) That the respondent No. 2 may be directed to release the funds to the University for liquidating the liability towards payment of arrears of Leave is Encashment to the petitioners.”
2. When these cases were listed on 23.03.2026, the following order was passed:-
“Despite opportunity granted, reply to the petition not filed. Learned counsel for the petitioner informs the Court that the matter is squarely covered by the judgment of this Court in CWP No.10878 of 2025, titled Himachal Pradesh Agriculture University Pensioner’s Sabha versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya and another.
Learned counsel for the respondent-University to have positive instructions in this regard.
3 2026:HHC:9332 As prayed for, list on 30.03.2026.”
3.
Learned Counsel for respondent No.1 has handed over instructions dated 28.03.2026, which are taken on record.
4. A perusal of the instructions demonstrates that there is no mention therein that the case of the petitioners indeed is not covered by the judgment of this Court, passed in CWP No.10878 of 2025, titled Himachal Pradesh Agriculture University Pensioner’s Sabha Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya & Anr., decided on 23.07.2025. The contention of the University is that it is facing shortage of funds and therefore, it is not in a position to release the payments.
5. This Court is of the considered view that in light of the fact that the relief being prayed for by the petitioners is squarely covered by the judgment of this Court, these petitions have to be allowed and the same are accordingly allowed in terms of the
judgment of this Court, passed in CWP No.10878 of 2025, titled Himachal Pradesh Agriculture University Pensioner’s Sabha Versus Chaudhary
Sarwan Kumar
Himachal Pradesh
Krishi Vishvavidyalaya & Anr., decided on 23.07.2025 and directions passed therein shall be construed to have been passed in the case of the petitioners also.
6. The respondents are further directed to release the admissible Leave Encashment to the petitioners within three months from today, failing which the said amount shall carry interest @ 5%
4 2026:HHC:9332 from the date of this judgment.
7. The petitions stand disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge March 30, 2026 (Rishi)