Shivani Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Shivani Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to release the arrears in favour of the petitioner within eight weeks from the date of the order; liberty reserved to the petitioner to file an application for revival of the execution petition if the arrears are not released strictly in terms of the judgment sought to be executed within eight weeks.

Issue for consideration

Whether anything remains to be adjudicated in the execution petition, and whether the respondents should be directed to release the arrears in favour of the petitioner in terms of the judgment sought to be executed.

Court's answer

Nothing remains to be adjudicated in the present execution petition except a direction to the respondents to release the arrears in favour of the petitioner within eight weeks from the date of the order.

Ratio / Principle

If the arrears are not released in favour of the petitioner, strictly in terms of the judgment sought to be executed, within eight weeks, the petitioner shall be at liberty to file an application for revival of the execution petition.

Key takeaways

The execution petition is disposed of, so also the pending applications, if any.ratio¶15

Detailed headnote1 paragraphs

Execution Petition (Ex. Pet. No.330 of 2026), High Court of Himachal Pradesh, Shimla, decided orally on 15th May, 2026 by Jiya Lal Bhardwaj, Judge. The learned Deputy Advocate General produced and handed over the order dated 12.03.2026 passed by the Director, Directorate of School Education Himachal Pradesh, Shimla-171001, whereby the petitioner (Shivani) has been allowed higher pay-scale of Rs.41,600/- after completion of two years of regular service, subject to the final outcome of the LPA filed in CWP No.4830 of 2023 and any other legal remedies; the DDO concerned was directed to fix her pay and release arrears per Finance Department instructions, with a refund condition binding the petitioner to return the arrears if the LPA decision favours the Department. Holding that nothing remained to be adjudicated except release of arrears, the Court directed the respondents to release the arrears in favour of the petitioner within eight weeks, reserving liberty to file an application for revival of the execution petition if the arrears were not released strictly in terms of the judgment sought to be executed within that period. The execution petition, along with pending applications if any, was disposed of.

2026:HHC:17403

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Ex. Pet. No.330 of 2026 Decided on: 15^th May, 2026

Shivani ....Petitioner

versus

State of H.P. and others ...Respondents

Coram
*Hon’ble Mr.Justice Jiya*	*Lal Bhardwaj,*	*Judge.*
*Whether approved for r*	*eporting?*¹
For the petitioner:	Ms. Tim Advocate.	Saran	Sharma,
For the respondents:	Mr.Sumit Advocate G	Sharma, eneral.	Deputy

Jiya Lal Bhardwaj, Judge (Oral)

Learned Deputy Advocate General has produced a copy of order dated 12.03.2026 passed by the Director, Directorate of School Education Himachal Pradesh, Shimla171001. The same is taken on record.s

A perusal of order reveals that the petitioner has been allowed higher pay-scale of Rs.41600/- after completion of two years of regular service, subject to final outcome of LPA filed in CWP No.4830 of 2023 and any other legal remedies. The DDO concerned has been directed to fix the pay of the petitioner and release the arrears as per instructions of the Finance Department issued from time to time with the

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

2

condition that in case the decision of the LPA comes in favour of the Department, the petitioner shall be bound to refund the amount of arrears so paid to her.

In view of the above, nothing remains to be adjudicated in the present execution petition except a direction to the respondents to release the arrears in favour of the petitioner within eight weeks from today. In case the arrears are not released in favour of the petitioner, strictly in terms of the judgment which is sought to be executed, within eight weeks from today, the petitioner shall be at liberty to file an application for revival of the execution petition.

The execution petition is accordingly disposed of, so also the pending applications, if any.

( Jiya Lal Bhardwaj ) 15^th May, 2026 Judge (naveen)