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2025:HHC:45292

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Civil Writ Petition No. 3457 of 2025

Date of Decision: 22.12.2025

_____________________________________________________________________

Sh. Satish Chander

……...Petitioner

Versus

State of Himachal Pradesh and Anr.

…....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? Yes.

For the Petitioner: Mr. Nikhil Katwal, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan

Kahol & Mr. Vishal Panwar, Additional

Advocates General and Mr. Ravi Chauhan &

Mr. Anish Banshtu, Deputy Advocates

General.

__________ _________________________________________________________________

Sandeep Sharma, J. (Oral)

Precisely, the question which needs to be determined in

the case at hand, is that “whether allegation of unauthorized absence

of an employee from service can be sustained without proving that

unauthorized absence was willful or not?”

2. Precisely, facts of the case as emerges from the pleadings

adduced on record by the respective parties are that on 12.5.1997

petitioner was appointed as Junior Engineer at HPPWD, Chenab

Valley Division Udaipur, Lahaul and Spiti, on regular basis. After his

having put in more than 27 years of service as Junior Engineer, he

was promoted to the post of Assistant Engineer (SDO) vide order dated

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21.5.2022 and thereafter, was given posting at National HighwaPy Sub-

Division HPPWD, Shahpur Kangra. Finally, after having rendered

more than 30 years of service, petitioner superannuated on

30.11.2023 from the office of Superintending Engineer, HPPWD 5th

Circle Palampur, Kangra. Since despite his having rendered more

than 30 years’ service, petitioner has been denied pensionary benefits,

he has approached this Court itn the instant proceedings, praying

therein for following main reliefs:

“A. That a writ in the nature of Mandamus or any other

appropriatoe writ order or directions may kindly be issued

directing the Respondents for extending the pensionary

benefits, Gratuity, leave encashment alongwith all

consequential benefits to the petitioner for the service rendered

by him.

B. That a writ in the nature of Mandamus may kindly be issued

directing the respondents to verify the service of petitioner

pertaining to year 01.07.2008 to 31.01.2011.

i C. That a writ in nature of Mandamus may kindly be issued

directing the respondents to treat the absent period of the

petitioner as leave without pay or any other suitable relief in

favour of petitioner for such period.”

3. Pursuant to notices issued in the instant proceedings,

respondents have filed reply, wherein facts as have been noticed

herein above, have not been disputed, rather an attempt has been

made to refute the claim of the petitioner on the ground that he

remained absent from the duty for total period of 1957 days during

his service career upto the retirement. While fairly admitting the

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factum with regard to petitioner’s appointment as Junior EPngineer

(Civil) in Public Works Department in the year 1997 on regular basis,

it has been claimed by the respondents that petitioner herein

misrepresented to the department and succeeded in getting promotion

to the post of Assistant Engineer. If the reply filed by the respondents

is perused in its entirety, there is nothing to suggest that action was

ever taken by the respondents qtua willful absence of the petitioner,

which though in total comes out to be 1957 days, but same pertains to

different period. At this stage it would be apt to take note of para 3 of

the reply filed by the respondents, which reads as under:

3. That during the posting of the petitioner at different places, he

remained willfully absent from duty without any intimation or

leave from the competent authority. The complete details of

absence of the petitioner during his service carrier are as under:

From To Place of posting No. of days.

01.07.2002