2026:HHC:13789 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPOA No.5509 of 2019 Reserved on: 02.04.2026 Decided on: 27.04.2026 ____________________________________________H______________________

Vakil Ram ...Petitioner Versus State of Himachal Pradesh and others ...Respondents __________________________________________________________________

Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? ¹ Yes For the petitioner: Mr. Adarsh Sharma, Advocate.

For the respondents: Mr. Rupinder Singh Thakur, h Additional Advocate General and Mr. Amit Kumar Chaudhary, Deputy g Advocate General.

Jiya Lal Bhardwaj, Judge The petitioner by way of present writ petition, has sought directions to the respondents to release his leave encashment and gratuity along with 9% interest from the due date.

1 Whether reporters of Local Papers may be allowed to see the judgment?

2. As per the facts pleaded in the petition, the petitioner after rendering 39 years of unblemished service with the respondents in various capacities, retired as Range Officer from Lower Range Chamba, Forest Division Chamba, on 30.04.2015. Before his reotirement, the petitioner vide office order dated 26.12.20 14 (Annexure A-1) was granted extension in service till attainment of age of 59 years. However, the petitioner due to disease in his eyes, had applied for withdrawal of extension beyond his retirement. After retirement, the petitioner was allowed pension and other retiral benefits, except leave encashment and Death- cum-Retirement Gratuity. The petitioner was not communicated about anything adverse against him during his entire service career except a memo dated 11.12.2014 (Annexure A-4), wherein it was mentioned that 100 numbers of trees of Deodar/Fir spruce were found to have been illicitly felled in Lot No.01/13/15, Chamndrooni Dhar DPF Almi Beat.

As such, it was felt that the petitioner while working as Range Officer Upper Chamba w.e.f. 17.08.2010 to 30.04.2013 had failed to perform government duties properly and could not protect the forest from illicit felling and thus was asked to explain why disciplinary procoeedings may not be initiated against him for dereliction in performance of government duties.

3. The petitioner had replied to the said memo on 28.01.2015 (Annexure A-5), stating that there was no dereliction of duties on his part as the salvage marking in respect of Lot No.01/13-15 Chandrooni Dhar DPF was done by Sh. Baldev Prasad, Deputy Ranger, the then B.O. Khundel and the said marking was carried out in the month of November 2012 and the marking list was submitted to D.F.O Office for scrutiny, enabling to submit the same to Himachal Pradesh Forest Corporation. It was also submitted that the Lot in question was existing at the height of approximately 9000 feet from sea level and such physical checking of the marking Lot was not possible till the melting of the snow that occurred in the month of May/June. The petitioner was transferred from Upper Chamba Range to Chamba Forest Division and joined as F.R Special duty Choamba Forest Division during 05/2013. During his tenure as R.O. Upper Chamba i.e. w.e.f. 17.08.2010 to 30.04.2013 none of the operation was carried out in Lot No.01/13-15.

4. The petitioner had superannuated on 30.04.2015 and was entitled to all pensionary benefits including leave encashment and gratuity, within three months, but despite lapse of 2 years, leave encashment and gratuity have not been released to him and now the respondents, to cover up their lapses, have issued a false and frivolous charge-sheet. It has been averred that since the petitioner had retired honourably and thus, withholding of leave encashment and gratuity is against the settled position of law laid down by the Hon’ble Apex Court. The pension and retiral benefits have been declared as property as well as valuable rights of an employee and thus withholding of the same amounts to deprivation of employee from his/her valuable rights and the action