Himachal Pradesh High Court
CWP/1353/2011 on 29 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA.
C.W.P No. 1353 of 2011-B
Date of Decision: 29.12.2011
Shri. Rattan Kumar, son of Shri Ganga Ram, village Daroli (Lower), Post office-Daroli (Upper), Tehsil-Anandpur Sajib, District-Ropar (Punjab).
.. Petitioner.
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1. State of Himachal Pradesh through, Principal Secretary (Education), Government of Himachal Pradesh, Shimla-171 002(H.P).
2. Director of Education , State of Himachal Pradesh, Shimla-171002(H.P.).
3. The Managing Committee sh. Vishnu Sanatan Dharam college, District Una through its Secretary, Sh. J.N Manan,
4. Shri Vishnu Sanatan Dharam College, Bhatoli, District Una through its Principal.
..Respondents.
CIVIL WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT ORDER OR DIRECTION.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Judge.
Whether approved for reporting?1No.
For the Petitioner : Mr. K.D Shreedhar, Advocate.
For the Respondent : Mr. Ram Murti Bisht, Dy.A.G with Mr. Vinod Thakur,
Dy.A.G for respondents No.1
and 2.
Mr. Sanjeev Sharma,
Advocate, for respondents
No. 3 and 4.
Sanjay Karol, J (oral)
Learned counsel for the petitioner has invited my attention to the judgment dated 9.12.2011
1 Whether reporters of Local Papers may be allowed to see the judgment?
in R.K Kapoor vs. State of H.P & Ors, CWP No. 1354 of 2011, copy of which is taken on record. According to Mr. K.D Shreedhar, learned counsel for the petitioner facts being identical, similar directions ought to be issued in the present case also.
2. It is seen that judgment in R.K Kapoor(Supra) is based on the earlier judgment of this Court rendered in C.W.P No. 915 of 2009 titled S.K Sharma vs. state of H.P & others, relevant para 3 of which reads as under:
“3. In view of the above stated position, writ petition is allowed and it is directed that respondents No.1 and 2 shall release sufficient funds to the Management of the College, i.e. respondent No.3, to enable it to pay gratuity and leave encashment to the petitioner, together with interest @6% per annum, and while calculating the amount of gratuity and leave encashment, petitioner shall be deemed to have continued to serve the college upto the age of 60 years or say upto 31.1.2008. He shall also be paid arrears of salary upto 31.1.2008. Order be complied with within three months. Direction regarding payment of gratuity and leave encashment shall be subject to the final result in LPA No.347 of 2011, titled State of H.P. Vs. S.K. Sharma.”
3. It is also seen that petitioner in R.K Kapoor(supra) is also similarly situated with that of the instant petitioner. He had also claimed similar benefits and reliefs. He was also an employee of respondent No.4. As such, directions issued in R.K Kapoor(supra) shall mutatis mutandis apply to the instant case also. The petitioner shall be deemed to have continued to serve the college up to the age of 60 years. Consequential action shall be taken within a period of three months from the date of receipt of certified copy of this judgment.
4. With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any.
December 29,2011
(Sanjay Karol),Judge.
(Priti)