IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CWP No.1398 of 2011. Decided on: December 15, 2011. Vijay Sharma, wife of Shri Shiv Kumar Sharma, R/o Village & P.O. Ajouli, District Una, H.P. ..Petitioner Versus 1. State of H.P. through Principal Secretary (Education), Government of Himachal Pradesh, Shimla -171002. 2. Director of Education, Govt. of Himachal Pradesh, Shimla-171001(H.P.) 3. Shri Vishnu Sanatan Dharam College, Bhatoli, District Una through the President, Managing Committee, Shri Vishnu Sanatan Dharam College, Bhatoli, District Una, H.P. 4. Principal, Shri Vishnu Sanatan Dharam College, Bhatoli, District Una, (H.P.) ..Respondents Civil Writ Petition under Article 226 of Constitution of India for issuance of appropriate writ order or direction. Coram The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the Petitioner: Kr. Virender Singh, Advocate. For Respondents: Mr. A.K.Bansal, Addl.Advocate General for respondents No.1 & 2. Mr. Sanjeev Sharma, Advocate, for respondents No.3 and 4. __________________________________________ Whether reporters of the local papers may be al l owed t o see the judgment? - 2 - Surinder Singh, Judge (oral): CMP No.13126 of 2011. Not contested, hence allowed. Shri Sanjeev Sharma, learned counsel is for respondents No.3 and 4. CWP No.1398 of 2011. Reply to the petition has been filed. Rejoinder is not intended to be filed. 2. Heard. 3. Learned counsel for the petitioner has placed on record a copy of judgment passed in CWP No.1354 of 2011 decided on 9.12.2011 by a Coordinate Bench of this Court, wherein similar relief was granted to the similarly situate petitioner therein. 4. The learned counsel for the parties agreed that the present matter is covered by the judgment passed by this Court in R.K. Kapoor vs. State of Himachal Pradesh and others [CWP No.1354 of 2011 decided on 9.12.2011] on the basis of judgment passed in CWP No.915 of 2009, titled S.K. Sharma vs. State of H.P. and others, which is under challenge in LPA filed by the respondents-State. 5. In view of the aforesaid position, the present petition is allowed with a direction that the respondents No.1 and 2 shall release sufficient funds to the - 3 - Management of the College, i.e. respondents No.3 and 4, to enable them to pay gratuity and leave encashment to the petitioner, together with interest @ 6% per annum, and while calculating the amount of gratuity and leave encashment, petitioner shall be deemed to have continued to serve the college upto the age of 60 years or say upto 31st March, 2008 when she superannuated. The petitioner shall also be paid the arrears of salary upto the date of her superannuation. 5. The aforesaid orders be complied with, within three months from the production of the certified copy of this judgment/ order and this release of the amount shall be subject to the final outcome of LPA No.347 of 2011, titled State of H.P. Vs. S.K. Sharma. December 15, 2011. (Surinder Singh) (Pds) Judge