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Judgment
Surjit Singh, Judge
Heard and gone through the record.
Learned counsel for the parties agree that the matter is squarely covered by a judgment dated 20.12.2010, delivered by this Bench in CWP No. 915 of 2009, titled S.K. Sharma Vs. State of H.P. and others, and that though an LPA has been filed against the said judgment, which is still pending, learned Bench hearing that LPA has ordered implementation of the aforesaid judgment of this Bench, except the direction regarding payment of gratuity and leave encashment, with interest @ 6% per annum.
In view of the above stated position, writ petition is allowed and it is directed that respondents No. 1 and 2 shall release sufficient funds to the Management of the College, i.e. respondent No. 3, to enable it 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 31.01.2008. He shall also be paid arrears of salary upto 31.01.2008. Order be complied with within three months. Direction regarding payment of gratuity and leave encashment shall be subject to the final result in LPA No. 347 of 2011, titled State of H.P. Vs. S.K. Sharma.