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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 1023 of

2P

020

Date of Decision: 24.12.2025

_______________________________________________________

Pawan Kumar …….Petitioner

Versus

Himachal Pradesh State & others f … Respondents

______________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹

For the Petitioner: Mr. Balwant Singh Thakur, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with

Mr. Rajan Kahol, Mr. Vishal Panwar and

oMr. B.C.Verma, Additional Advocate

Generals, and Mr. Ravi Chauhan, Deputy

C Advocate General.

_______________________________________________________

Sandeep Sh arma, Judge(oral):

By way of instant petition, petitioner has prayed for

following main reliefs:-

“(i) That the respondent department may kindly be

directed to release the admissible dues of

remuneration/salary in favour of the present petitioner

immediately w.e.f. 18.06.2011 to till date alongwith the

interest of 12% in the interest of justice and future also.”

2. Precisely, the facts of the case, as emerge from the

pleadings adduced on record by the respective parties, are that the

petitioner herein was appointed as Drawing Teacher(DM) on the

basis of a resolution passed by the School Management Committee,

1Whether the reporters of the local papers may be allowed to see the judgment?

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respondent No.3, and the Principal, Government Middle School,

Jamnu u/c Government Senior Secondary School, Tatapani, TePhsil

Karsog, District Mandi, Himachal Pradesh and since the.n he is

continuously teaching in the said school in the capacity of Drawing

Master. Though, State of Himachal Pradesh has formulated Grant-

in-Aid Rules in the year 2012, but the respoondents herein are not

paying Grant-in-Aid to the petitioner fro m day one as per said Rules,

as a result thereof, petitioner is surviving on a very meagre salary

being paid by the School Management Committee. In Similar facts

and circumstances, person, namely Villam Singh had filed CWP No.

2467 of 2015, whicCh came to be decided by a Co-ordinate Bench of

this Court vide order dated 07.04.2016. Afore order passed by Co-

ordinate Bench of this Court was further upheld by Division Bench of

this Court vide order dated 26.11.2018 passed in LPA No.53 of 2018,

titled as State of Himachal Pradesh and others vs. Sh. Villam

Singh.

3. Though, being aggrieved and dissatisfied with the

aforesaid order passed by Division Bench of this Court, respondents

preferred SLP before the Hon'ble Apex Court, but the same was also

dismissed, as a result thereof, mandate contained in the judgment

passed in Villam Singh’s case(supra) has attained finality.

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4. In Villam Singh’s case, the question, which came to be

considered by the Court was whether the writ petitioner in that cPase

was entitled to release of Grant-in-Aid w.e.f. 20^th September, 2014,

when Sub Tehsil Kupvi of District Shimla was included in the tribal/

difficult areas in furtherance to the policy to engage teachers on SMC

basis. In afore case, respondents took tohe objection that since

petitioner in that case was engag ed by School Management

Committee prior to policy dated 17.07.2012, therefore, he could not

claim benefit under the SMC Policy. However, aforesaid objection

was turned down by learned Single Judge vide para-7 of the order,

specifically observiCng therein that even in the absence of any plea

taken by the appellants that the appointment was illegal in any

manner, the benefit of the policy granted to all and one cannot be

denied to the petitioner, as he was fully eligible for the subject post.

iAforesaid order was further upheld up till Hon'ble Apex Court. Since in

the case at hand, petitioner herein was engaged by the School

Management Committee on 03.08.2012 i.e. after promulgation of

policy dated 17.07.2012, the objection taken in Villam Singh’s case

is otherwise not available to the respondents in the