SH. NIKKA RAM S/O SH. GOVIND RAM R/O VILLAGE NAUNI TEHSIL DISTRICT BILASPUR, (HP) Vs. SH. ABHEY SHUKLA, PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA AND ORS.

JUDGEMENT

(1.) THE grievance of the petitioner is that despite undertaking before this Court, the eligible benefits have not been disbursed to him. The Deputy Director is present before us. It is pointed out that pursuant to the direction issued by this Court, the Directorate has passed an order dated 17.3.2011, whereby the period of absence between 1.3.2004 to 14.10.2004 has been treated as extra ordinary leave. The petitioner points out that there is no justification in passing such an order, denying his eligible salary since he had actually reported for duty and it was the Principal who had not taken his duty. This matter is to be considered on merits which cannot be gone into in contempt proceedings. As far as these contempt proceedings are concerned, the petitioner may take up the matter in appropriate proceedings after impleading Smt. Shashi Sharma, respondent No. 4 who was the Headmistress Govt. Middle School, Nog at the relevant time. Reserving such liberty, the COPC is dismissed. However, there will be a direction to the Deputy Director to permit the petitioner to surrender 262 days leave available to his credit on the date of retirement i.e. 31.3.2009. In case the eligible increments have not been fixed, the same shall be granted since as per order dated 17.3.2011, the leave period has been treated as extra ordinary leave. Therefore, for all purposes, the petitioner should be deemed to be in service except for the actual wages. The benefits, for which he is otherwise eligible, shall be calculated and the same shall be disbursed to the petitioner within a period of two weeks from today. Subject to the above, the COPC is dismissed. Rule is discharged.