IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 20th DAY OF JULY, 2022
BEFORE
.
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.3996 of 2020
Between:- r
DOLA RAM, SON OF SHRI
BALESAR RAM, RESIDENT OF
VILLAGE & POST OFFICE-
GHIRI, TEHSIL SUNDER
NAGAR, DISTRICT MANDI
(H.P.).
.....PETITIONER
(BY MR. ADARSH K.
VASHISTA, ADVOCATE)
AND
1. STATE OF HIMACHAL
PRADESH, THROUGH
PRINCIPAL SECRETARY (I&PH),
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-
171002 (H.P.).
2. THE ENGINEER-IN-CHIEF, I&PH,
U.S. CLUB, SHIMLA-171001
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2
(H.P.).
3. THE EXECUTIVE ENGINEER,
I&PH DIVISION, SUNDER
NAGAR, DISTRICT MANDI
(H.P.).
.
.....RESPONDENTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL, WITH
MS.RITTA GOSWAMI,
ADDITIONAL ADVOCATE
GENERAL)
_____________________________________________________
This petition coming on for orders this day, Hon'ble
Mr. Justice A.A. Sayed, passed the following:
ORDER
The petition has been filed by the petitioner, seeking the following relief:-
"i) That the impugned order dated 22.4.2015, Annexure A-4 whereby the Applicant has been retired from service of Respondent Department w.e.f.
30.4.2015 may kindly be quashed and set aside and the Respondents may kindly be directed to reinstate the Applicant in service upto the age of 60 years.
ii) That the Respondents may kindly be directed to treat the period of Applicant w.e.f. 30.4.2015 to 30.4.2017 as period in service alongwith benefits, all ::: Downloaded on - 20/07/2022 20:03:44 :::CIS 3 consequential in the interest of justice, and such due and admissible arrears may kindly be ordered to be paid in his favour alongwith due and admissible interest.".
2. Learned counsel for the petitioner has tendered a copy of the judgment dated 22nd February, 2022, delivered by the Full Bench of this Court in CWP No. 2711 of 2017 and companion writ petitions, titled Baldev vs. State of H.P. & others. He states that the issue raised in the present petition would be covered by the aforesaid judgment of the Full Bench.
3. In the circumstances, we dispose of the writ petition by directing the respondents to consider the case of the petitioner and take a decision within a period of four weeks from today in the light of the aforesaid judgment of the Full Bench. The pending application(s), if any, also to stand disposed of.
( A.A. Sayed )
Chief Justice
( Jyotsna Rewal Dua )
July 20, 2022 Judge
(vt)
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