IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 5373 of 2008. Decided on: 19th October, 2010. Dina Nath Sharma. .….. Petitioner. Versus State of H.P. and others. …. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : Mr. Surinder Sharma, Advocate. For the Respondent : Mr. Ankush Dass Sood, Addl. Advocate General, for respondents No.1 to 3. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) CMP No. of 2010. Allowed and disposed of. CWP (T) No.5373 of 2008. The writ petition is filed with the following prayers: “(i) That the respondents No.1 to 3 may be directed to release enhanced Grants-in-Aid to the respondent No.4 School for the Sessions 1993-94, 1994-95 and 1995-96. (ii) That the respondent no.4 School may further be directed to disburse the salary to the applicants at par with Government Schools after reveiving the Grants- in-Aid w.e.f. 1993 to 1996 with interest @ 18% per annum.” 2. Learned Additional Advocate General submits that the 4th respondent, Management had given an undertaking to the Government that they will not pursue the case for the 2 Grant-in-Aid for the years 1993 to 1996. Learned counsel for the petitioners submits that as far as petitioners are concerned, they have worked under the 4th respondent and they are entitled for the salary. The petitioners may take appropriate action against the 4th respondent for recovery of the salary and other eligible benefits since the factual position regarding their terms of appointment, period of appointment etc. are to be duly examined and established. 3. We make it clear that in case the petitioners approach the Civil Court for redressal of the grievances, the time taken by the petitioners to prosecute the writ petition shall stand excluded while calculating the period of limitation. 4. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 19th October, 2010 (Justice Kuldip Singh), (tr) Judge. 3