Disposed

Ashok Kumar Patial v. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya

Himachal Pradesh HC14 Sept 2026CWP/11843/2026

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of numerous writ petitions concerning unremitted leave encashment. Relying on a precedent (Himachal Pradesh Agriculture University Pensioner's Sabha) which quashed inaction on this issue, the court directed the University to release the due leave encashment within six weeks, failing which interest would accrue.

What did the court decide?

Respondents directed to release admissible leave encashment within six weeks; failure attracts 5% interest per annum from due date.

Ashok Kumar Patial Vs Chaudhary… — Pension and Retirement Benefits | Himachal Pradesh HC (2026)

¶1

2026:HHC:39044

¶2

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11996 of 2026 alongwith connected matters Decided on: 14^th September, 2026

¶3

--------------------------------------------------------------- 1. CWP No.11996 of 2026	----------------------
Usha Rani	…Petitioner.
Versus
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
2. CWP No.11837 of 2026
Mann Chand Rana Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents
3. CWP No.11838 of 2026 Harbans Lal	…Petitioner.
Versus
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
4. CWP No.11842 of 2026
Sunita Kumari	…Petitioner.
Versus
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents

¶4

¶5

2026:HHC:39044

¶6

5. CWP No.11843 of 2026
Ashok Kumar Patial Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
6. CWP No.11844 of 2026 Desh Raj Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
7. CWP No.11845 of 2026 Kripal Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
8. CWP No.11846 of 2026 Ram Parshad Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
9. CWP No.11847 of 2026 Prithi Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶7

¶8

2026:HHC:39044

¶9

10. CWP No.11848 of 2026 Paras Ram

¶10

Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
11. CWP No.11993 of 2026 Baldev Singh Jassal Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
12. CWP No.11994 of 2026 Sharda Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
13. CWP No.11995 of 2026
Vinod Kumar Sood Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
14. CWP No.11997 of 2026
Manohar Lal	…Petitioner.
Versus
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶11

¶12

2026:HHC:39044

¶13

15. CWP No.11998 of 2026
Asha Rani Versus	…Petitioner
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
16. CWP No.11999 of 2026 Ajay Kumar Sood Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
17. CWP No.12000 of 2026
Naveen Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
18. CWP No.12001 of 2026 Ashok Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
19. CWP No.12465 of 2026
Nek Ram Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶14

¶15

2026:HHC:39044

¶16

20. CWP No.12502 of 2026
Bipan Kumar Sharma Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
21. CWP No.12505 of 2026 Prem Sagar Sharma Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
22. CWP No.12510 of 2026 Vipan Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
23. CWP No.12511 of 2026
Renu Kumari Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
24. CWP No.12513 of 2026 Nisha Bhardwaj Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶17

¶18

25. CWP No.12515 of 2026 Dharam Chand Versus	2026:HHC:39044 …Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
26. CWP No.12516 of 2026 Rakesh Kumar Chandel Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
27. CWP No.12517 of 2026 Usha Rana Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
28. CWP No.12795 of 2026 Prem Lal Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
29. CWP No.12796 of 2026 Shashi Bhushan Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶19

¶20

2026:HHC:39044

¶21

30. CWP No.12798 of 2026
Santosh Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
31. CWP No.12800 of 2026 Kaka Ram Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
32. CWP No.12802 of 2026 Sunila Devi Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
33. CWP No.12804 of 2026 Bikram Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
34. CWP No.12805 of 2026
Suman Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶22

¶23

2026:HHC:39044

¶24

35. CWP No.12806 of 2026
Partap Chand Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
36. CWP No.12807 of 2026 Manohar Lal Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
37. CWP No.12977 of 2026 Ranbir Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
38. CWP No.12979 of 2026 Arvind Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
39. CWP No.12980 of 2026 Harinder Kumar Chaudhary Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶25

¶26

2026:HHC:39044

¶27

40. CWP No.12981 of 2026
Ravindra Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
41. CWP No.12983 of 2026 Satish Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
42. CWP No.12984 of 2026 Rai Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another 43. CWP No.12985 of 2026 Surender Lal Negi Versus	Krishi …Respondents …Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
44. CWP No.12987 of 2026 Kartar Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh	Krishi
Vishvavidyalaya and another	…Respondents

¶28

10	2026:HHC:39044
45. CWP No.12999 of 2026 Dharam Chand Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
46. CWP No.13291 of 2026 Sarvjit Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
47. CWP No.13292 of 2026 Vinod Kumar Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
48. CWP No.13293 of 2026 Sushil Chand Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents
49. CWP No.13363 of 2026 Dhirendra Singh Versus	…Petitioner.
Chaudhary Sarwan Kumar Himachal Pradesh Vishvavidyalaya and another	Krishi …Respondents

¶29

¶30

2026:HHC:39044

¶31

50. CWP No.13480 of 2026 Puni Chand

¶32

…Petitioner.

¶33

Versus

¶34

Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya and another …Respondents

¶35

51. CWP No.13734 of 2026

Dr. Mandeep Sharma

…Petitioner.

Versus

Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya and another …Respondents

¶40

52. CWP No.13735 of 2026

Joginder Kumar

…Petitioner.

Versus

Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya and another …Respondents ------------------------------------------------------------------------------------Coram

¶45

Ms. Justice Jyotsna Rewal Dua

¶46

Whether approved for reporting?¹

¶47

For the Petitioners: Mr. Radhey Shyam Gautam, Advocate. For the Respondents: Mr. Prince Chauhan, Advocate, for respondent No.1-University in all the matters.

¶48

Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General, for respondent No.2State in all the matters.

¶49

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

¶50

¶51

2026:HHC:39044

¶52

Jyotsna Rewal Dua, Judge

¶53

Even though the respondents have not filed reply in these petitions, however, with the consent of learned counsel for the parties, the matters have been taken up together for adjudication at this stage, as in view of nature of reliefs prayed for by the petitioners and reliance placed upon Himachal Pradesh Agriculture University Pensioner’s Sabha Vs. Chaudhary Sarwan Kumar H.P. Krishi Vishvavidyalaya² , reply to the petitions is not required to be called for.

¶54

2. Petitioners joined the services with the respondent-University and superannuated on different dates. Their grievances are that the respondent-University though computed and sanctioned the amount of Leave Encashment of 300 days unutilized portion of earned leave payable in their favour, but the amounts have not been released in their favour till date despite repeated representations of the petitioners. The substantive reliefs prayed for by the petitioner in the lead case, being CWP No.11996 of 2026, read as under:-

¶55

“i) That the action of the respondent University in not making the payment of due and admissible amount of Leave encashment in favour of the petitioner may be

¶56

2 CWP No.10878 of 2025, decided on 23.07.2025

¶57

¶58

2026:HHC:39044

¶59

quashed and set aside while issuing writ in the nature of Certiorari.

¶60

ii) That the respondent University may be directed to pay the due and admissible amount of leave encashment of 300 days as sanctioned vide annexure P-2 to the petitioner along with interest @ 9% from the due date till actual payment while issuing writ in the nature of mandamus.

¶61

iii) That the respondent No.2 may be directed to release the funds to the University for liquidating the liability towards payment of arrears of Leave Encashment to the petitioner.”

¶62

3. Learned counsel for the parties are ad-idem that the reliefs claimed for by the petitioner(s) have already been adjudicated in Himachal Pradesh Agriculture University Pensioner’s Sabha² . Operative portion of the said decision reads as under: -

¶63

“5. In view of above, impugned order dated 25.03.2025 (Annexure P-8) holding that release of remaining amount of leave encashment due to the members of petitioner’s Society shall be considered as and when additional funds are received, is quashed and set aside. Respondents are directed to release the admissible leave encashment due to the members of the petitioner’s Society within six weeks from today, failing which, the amount shall carry interest @5% per annum from the actual due date. Pending miscellaneous application(s), if any, shall also stand disposed of.”

¶64

4. In view of above submissions, these writ petitions are disposed of with direction to the respondents to release the admissible leave encashment due to the petitioner(s) within six weeks from today, failing which, the

¶65

¶66

2026:HHC:39044

¶67

amount shall carry interest @ 5% per annum from the

¶68

actual due date.

¶69

The writ petitions stand disposed of in the above

¶70

terms, so also the pending miscellaneous application(s), if

¶71