1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 2nd DAY OF AUGUST, 2022 .
BEFORE HON'BLE MS. JUSTICE SABINA & HON'BLE MR. JUSTICE SATYEN VAIDYA CIVIL WRIT PETITION No.4714 of 2022
1. Between:-
TEK CHAND, AGED 51 YEARS, S/O SHRI JAGDISH CHAND, RESIDENT OF VILLAGE LADHI, POST OFFICE DONEEHAR, TEHSIL ARKI, DISTRICT SOLAN (H.P.), PRESENTLY WORKING AS J.B.T.
2. HEM RAJ SHARMA, AGED 54 YEARS, S/O LATE SH. BADRI DASS, R/O VILLAGE LADHI, POST OFFICE DONEEHAR, TEHSIL ARKI, DISTRICT SOLAN (H.P.), PRESENTLY WORKING AS J.B.T.
3. PUSHPA SHARMA, AGED 55 YEARS, D/O HARINAND, R/O VILLAGE KANAIR, POST OFFICE KUFTOO, TEHSIL KANDAGHAT, DISTT. SOLAN H.P., PRESENTLY WORKING AS J.B.T.
4. SARITA KAPATIA, AGED 57 YEARS, D/O NANAK CHAND SHARMA R/O HOUSE NO. 4, SECOND FLOOR, MANZA KA SAINJ. TEHSIL KANDAGHAT, DISTT. SOLAN H.P., PRESENTLY WORKING AS J.B.T.
5. SUMAN BALA, AGED 46 YEARS, D/O RAM KRISHAN CHANDEL R/O WARD NO. 1, MAIN BAZAR, NALAGARH, DISTT. SOLAN, H.P.
::: Downloaded on - 02/08/2022 20:04:22 :::CIS 2PRESENTLY WORKING AS J.B.T. AT G.P.S. MALPUR.
6. REENA SHARMA, W/O KIRAN K. SHARMA AGED 62 YEARS, R/O .
V.P.O. GHANAHATTI, DISTT.
SHIMLA, H.P. PRESENTLY RETIRED AS J.B.T.
7. PITAMBER DUTT, AGED 60 YEARS, S/O LATE SH.
KAMESHWAR DUTT, R/O VILLAGE DANGRI, POST OFFICE MANJYAT TEHSIL ARKI, DISTT. SOLAN, H.P. PRESENTLY RETIRED AS J.B.T.
8. MANJARI NEGI, AGED 56 YEARS, W/O SH. DIWAN SINGH NEGI, R/O V.P.O. CH. KAMBA, TEHSIL NICHAR, DISTT. KINNAUR, H.P. PRESENTLY WORKING AS J.B.T.
AT GCPS PATTA MASOOL KHANA, BLOCK DHARAMPUR, DISTT. SOLAN, H.P.
9. RAJ KUMAR, S/O SH. KANSHI RAM AGED 49 YEARS, R/O VILLAGE CHARAG, POST OFFICE LUNAS, TEHSIL RAMSHEHAR, DISTT. SOLAN H.P. PRESENTLY WORKING AS J.B.T.
10. MANJEET KAUR W/O SH. VIJAY SINGH THAKUR AGED 52 YEARS, R/O ARKI ROAD, TEHSIL ARKI, P.O. KUNIHAR, DISTT SOLAN (H.P.) ....PETITIONERS (BY MR. SHIVOM VASHISTA, ADVOCATE) AND
1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA- 171002 (H.P.) ::: Downloaded on - 02/08/2022 20:04:22 :::CIS 3
2. DIRECTOR, HIGHER EDUCATION, LALPANI, SHIMLA-171001 (H.P.).
3. DEPUTY DIRECTOR ELEMENTARY EDUCATION, KULLU, DISTRICT .
KULLU (H.P.).
....RESPONDENTS (MR. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERAL) This petition coming on for admission this day, Hon'ble Ms. Justice Sabina, passed the following:
r ORDER Notice. Mr. Ashwani Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. Learned counsel for the petitioners states that the issue in question is squarely covered by the judgment rendered in CWP No.1853 of 2009-D, titled as Arpana Bali vs. The State of Himachal Pradesh and others, decided on 10th April, 2013 and the said judgment, in turn, stands implemented by the respondents. This is a matter, which is required to be considered by the employer.
3. Accordingly, the present petition is disposed of with a direction to respondent No.2 to consider and decide the case of the petitioners in light of the averments made in this petition and, more particularly, the judgment rendered in Arpana Bali's case, which stands implemented. Needful be done within four weeks and in case the ::: Downloaded on - 02/08/2022 20:04:22 :::CIS 4 petitioners are similarly situated to Arpana Bali's case, then consequential action be taken within two weeks.
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(Sabina) Judge (Satyen Vaidya) Judge August 02, 2022 (Himalvi) r ::: Downloaded on - 02/08/2022 20:04:22 :::CIS