IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 351 of 2011 Date of Decision : October 18, 2011 D. S. Gurang … Appellant Versus State of H.P. & another … Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellant : Ms. Jyotsna Rewal Dua, Advocate. For the respondents : Mr. R. K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Ms. Shubh Mahajan, Dy. A.G. Justice Kurian Joseph, C.J. (Oral) The appellant is the petitioner in the writ petition. The writ petition was filed when steps were taken to recover the salary already paid to him while he was undertaking M.D. course. The writ petition was dismissed. Hence, the appeal. 2. On 30.8.2011 this Court passed the following order: “Short affidavit as to whether the petitioner had been actually discharging duties of a resident doctor at the time he was undertaking the MD course, which shall be filed by the respondents within a month. There will be a stay of recovery of the remuneration already paid to the appellant- petitioner for the time being. Post for further orders on 18.10.2011.” 2 3. Respondent No. 1 has filed the affidavit. It is stated at paragraph 2 as follows:- “2. In this behalf it is submitted that the appellant/petitioner joined the MD course in Radiotherapy on 20.9.2003. He did not complete the course and resigned from the course on 9.12.2004. During the said period the petitioner discharged the duties as Resident doctor in the Department of Radiotherapy as reported by the Principal, IGMC, Shimla vide letter dated 1.10.2011 (Annexure R-I).” 4. Even otherwise, it is seen from the reply filed in the writ petition on behalf of respondents No. 1 and 2 at paragraph 3 that the Doctors during Post Graduation are considered on duty and are entitled to pay in terms of the instructions dated 14.9.1989. Those instructions are at Annexure A-2. Relevant paragraph reads as follows: “1. In service Post Graduate Doctors who are selected for doing post graduation in IGMC Shimla will be treated on duty during the course of post graduation study. This is applicable only for in- service doctors of H.P. who do post graduation at IGMC and is not applicable for any post graduation study done outside the State. A proportionate number of posts of doctors shall be kept vacant in the GDO cadre in the event of treating such in service doctors on duty while doing post graduation in Shimla. This decision shall be applicable with immediate effect i.e. for all admissions to P.G. course for which the admissions have not yet been completed.” 3 5. In view of the instructions, as above and in view of the stand now taken in the affidavit, there is no justification or legal basis in effecting recovery of the salary already paid to the petitioner while he was on duty. Therefore, the appeal is allowed to the extent setting aside the judgment of the learned Single Judge permitting the recovery. There shall be no recovery of the salary already paid to the petitioner while undertaking M.D. course and performing the duty during that period. 6. With the above observations, the appeal stands disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. October 18, 2011 (PK/Pankaj)