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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 21st DAY OF MARCH, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.1527 of 2022
Between:-
1. SH. SUBHASH CHAND SON OF
RESIDENT OF VILLAGE AND
POST OFFICE AND TEHSIL
BALDWARA DISTRICT MANDI
H.P. AGE 51 YEARS PRESENTLY
WORKING AS LECTURER OF
PHYSICS AT GOVERNMENT
SENIOR SECONDARY SCHOOL
PHAUGEVAS TEHSIL
SUNDERNAGAR DISTRICT
MANDI H.P.
2. CHAMAN LAL SON SH.
KHAZANA RAM RESIDENT OF
VILLAGE AND POST OFFICE
BACHHWAN TEHSIL
BALDWARA DISTRICT MANDI
HP. AGE 52 YEARS PRESENTLY
WORKING AS TGT OF
GOVERNMENT SENIOR
SECONDARY SCHOOL
MAJHIATH TEHSIL BALDWARA
DISTRICT MANDI H.P.
3. SH BIRBAL SON OF SH.
RESIDENT OF VILLAGE
JOLPLAKHIN POST OFFICE
KUTHERA TEHSIL GHUMARWIN
DISTRICT BILASPUR H.P. AGED
ABOUT 53 YEARS PRESENTLY
WORKING AS TGT AT
GOVERNMENT MIDDLE
SCHOOL TANTHA UNDER
COMPLEX TALYANA DISTRICT
BILASPUR H.P.
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4. KAMLESH KUMAR SON OF
LATE SH. RIKHI RAM CHANDEL
RESIDENT OF WARD NO. 7
NEAR NAINA MATA MADI
.
VILLAGE DABORG POST
OFFICE AND TEHSIL
SARAKGHAT DISTRICT MANDI
H.P. AGE 49 YEARS.
5. SH. VIPAN KUMAR SON OF SH.
RESIDENT OF VILLAGE AND
POST OFFICE DHURKHARI
TEHSIL BALDWARA DISTRICT
MANDI H.P. AGE 50 YEARS
PRESENTLY WORKING
LECTURER IN ECONOMICS AT
GOVERNMENT SENIOR
SECONDARY SCHOOL
DHANATHAR
r DISTRICT
BILASPUR H.P.
6. SUDHIR KUMAR SON OF SH.
RESIDENT OF VILLAGE MAKRI
POST OFFICE SALON TEHSIL
GHUMARWIN DISTRICT
BILASPUR H.P. AGE 53 YEARS
PRESENTLY WORKING AS TGT
(ARTS) AT GOVERNMENT
MIDDLE SCHOOL RAR
MANWANA UNDER COMPLEX
GOVERNMENT SENIOR
SECONDARY SCHOOL KHANOT
DISTRICT MANDI H.P.
7. SH. DALIP KUMAR SON OF
RESIDENT OF VILLAGE
CHANYANI POST AND TEHSIL
BALDWARA DISTRICT MANDI
H.P. PRESENTLY WORKING AS
TGT(ARTS) AT GOVERNMENT
SENIOR SECONDARY SCHOOL
KHANOT DISTRICT MANDI H.P.
AGE 50 YEARS.
.....PETITIONERS
(BY MR. DEVENDER K. SHARMA,
ADVOCATE)
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AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY,
EDUCATION, TO THE GOVT. OF
.
HIMACHAL PRADESH AT SHIMLA, HP.
2. DIRECTOR HIGHER EDUCATION,
TO THE GOVERNMENT OF HIMACHAL
PRADESH AT SHIMLA,H.P.
3. DIRECTOR, ELEMENTARY EDUCATION,
TO THE GOVERNMENT OF HIMACHAL
PRADESH AT SHIMLA,H.P.
.....RESPONDENTS
(BY MR. RANJAN SHARMA,
ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
Notice. Mr. Ranjan Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. Learned counsel for the petitioner 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 petitioner in light of the averments made in this petition and, more ::: Downloaded on - 21/03/2022 20:11:52 :::CIS 4 particularly, the judgment rendered in Arpana Bali's case, which stands implemented. Needful be done within four weeks and in case the .
petitioner is similarly situated to Arpana Bali's case, then consequential action be taken within two weeks.
4. The petition stands disposed of in the aforesaid terms, so also the pending application(s), if any.
For compliance, to come up on 04.05.2022.
r to (Sabina)
Judge
(Satyen Vaidya)
Judge
March 21, 2022
(ps/vh)
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