IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. : 5864 of 2008 Decided on : 21.10.2010 Roop Dass … Petitioner. Versus State of Himachal Pradesh & Others … Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the petitioner: Mr. Ashwani K. Sharma, Advocate. For respondents: Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Deputy Advocate General, for the respondents. ________________________________________________________ Justice Kurian Joseph, C.J.(Oral). The petitioner is aggrieved since he has not been paid salary for the period from 06.02.1995 till passing of Annexure-A-1 dated 19.11.1997. According to the petitioner since he had been exonerated of the charge under Section 302 of the Indian Penal Code, he is entitled to salary for the period, he was under detention. 2. But the fact remains that it was not on account of any fault on the part of the employer that he was denied employment during the period when he was under detention. Therefore, the question of salary does not arise and the petitioner is not entitled for the salary of the aforesaid period. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 With these observation the writ petition stands disposed of, so also the pending application(s), if any. (Kurian Joseph), Chief Justice (V.K.Sharma) Judge. 21st October, 2110 Virender/ Pritam