Himachal Pradesh High Court
Satish Kumar vs Unknown on 18 August, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 18th DAY OF AUGUST, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION NO.3259 of 2020
BETWEEN:
1. SATISH KUMAR, SON OF
SHRI SOHAN LAL PRASHER,
RESIDENT OF VILLAGE
KUTHERA, POST OFFICE
MALANGAN, TEHSIL
JHANDUTTA, DISTRICT
BILASPUR, H.P., PIN CODE
174029, PRESENTLY POSTED
AS LECTURER IN COMMERCE
GSSS KOSERIAN.
2. KULDEEP CHAND, SON OF
SHRI AMAR NATH, RESIDENT
OF VILLAGE DALEHERA,
POST OFFICE NAIN, TEHSIL
BARSAR, DISTRICT
HAMIRPUR, H.P., PIN CODE
176039, PRESENTLY POSTED
AS LECTURER IN HINDI AT
GSSS GHANGOT.
3. SOPAN KUMAR, SON OF
SHRI CHODHARY RAM,
RESIDENT OF VILLAGE
DHIOUN, POST OFFICE DHAR,
TEHSIL DEHRA, DISTRICT
KANGRA, H.P., PIN CODE
176033, PRESENTLY POSTED
AS LECTURER IN ECONOMICS
AT GSSS HATLI FATEHPUR.
4. AVTAR KAPOOR, SON OF
SHRI JAMNA DAS, RESIDENT
OF VILLAGE MAN DLIAN,
POST NIHARI, TEHSIL
RAKKAR, DISTRICT KANGRA,
H.P., PIN CODE 171034,
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PRESENTLY POSTED AS
LECTURER IN ENGLISH AT
GSSS PIR SALUHI.
5. ANIL KUMAR ANGARIA,
.
SON OF SHRI AMAR PAUL,
RESIDENT OF VILLAGE
LOWER SIHOTU, POST
OFFICE ATYALADAI, TEHSIL
PALAMPUR, DISTRICT
KANGRA, H.P., PIN CODE
176083, PRESENTLY POSTED
AS LECTURER IN POLITICAL
SCIENCE AT GSSS GAGAL.
6. BACHAN SINGH, SON OF
SHRI MAST RAM, RESIDENT
OF VILLAGE & POST OFFICE
MASSAL, TEHSIL NAGROTA
BAGWAN, DISTRICT KANGRA,
H.P., PIN CODE 176047,
PRESENTLY POSTED AS
LECTURER IN HINDI AT GSSS
SUNHI.
7. JOGINDER SINGH, SON OF
SHRI POLLO RAM, RESIDENT
OF VILLAGE CHALARA, POST
OFFICE NAIN, TEHSIL
BARSAR, DISTRICT
HAMIRPUR, H.P., PIN CODE
176039, PRESENTLY POSTED
AS TGT (ARTS) AT GMS
SAKARI.
8. ASHOK KUMAR
CHODHARY, SON OF SHRI
VED PARKASH, RESIDENT &
POST OFFICE SUNHI, TEHSIL
BAROH, DISTRICT KANGRA,
H.P., PIN CODE 176037,
PRESENTLY POSTED AS TGT
(ARTS) AT GSSS MATOUR,
DISTRICT KANGRA, H.P.
....PETITIONERS.
(BY.NARESH K. SHARMA, ADVOCATE)
AND
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1. STATE OF HIMACHAL
PRADESH, THROUGH
SECRETARY (EDUCATION)
TO THE GOVERNMENT OF
.
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, HIMACHAL
PRADESH, LALPANI,
SHIMLA-171001.
3. DIRECTOR OF
ELEMENTARY EDUCATION,
HIMACHAL PRADESH,
LALPANI, SHIMLA-171001.
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL, WITH
MR. ADARSH SHARMA, MR. SUMESH RAJ,MR. SANJEEV
SOOD, ADDITIONAL ADVOCATES GENERAL AND WITH MR.
....RESPONDENTS/STATE.
J.S. GULERIA, DEPUTY ADVOCATE GENERAL)
Whether approved for reporting?1 No
This Petition coming on for orders this day, the Court passed the following:
JUDGMENT
By way of this petition, the petitioners have prayed for
the following relief:-
"That writ of mandamus may kindly be issued, directing
the respondents to grant the petitioners the benefit of
approved military service towards fixation of pay as from
the date of the joining of civil employment alongwith all
consequential benefits with up to date interest as same
similar and benefits granted by this Hon'ble Court in the
judgment dated 15.07.2020, passed by this Hon'ble
Court in the CWPOA No.231 of 2019, titled as Shri Amar
Nath and Others Versus State of Himachal Pradesh and
Others (Annexure P-5)."
2. Leaned counsel for the petitioners submits that as this
.
writ petition is squarely covered by judgment, dated 15.07.2020,
passed by this Hon'ble Court in the CWPOA No.231 of 2019, titled as
Shri Amar Nath and Others Versus State of Himachal Pradesh and
Others, accordingly, the same can be disposed of, by observing that
the findings returned in the above mentioned judgment shall mutatis
mutandis apply to this petition also.
3. Learned Additional Advocate General submits that
judgment, dated 15.07.2020, passed by this Hon'ble Court in the
CWPOA No.231 of 2019, titled as Shri Amar Nath and Others Versus
State of Himachal Pradesh and Others, stands assailed by the State,
by way of Letters Patent Appeal No.70 of 2020, which is pending
adjudication before Hon'ble Division Bench of this Court, though the
operation of the judgment has not been stayed.
4. Learned counsel for the petitioners submit that in the
event of this petition being disposed of in the light of the judgment,
dated 15.07.2020, passed by this Hon'ble Court in the CWPOA
No.231 of 2019, titled as Shri Amar Nath and Others Versus State of
Himachal Pradesh and Others, the petitioners undertake that they
shall also abide by the adjudication in the Letters Patent Appeal
(LPA No.70 of 2020) preferred by the State in the said petition, which
is pending adjudication.
.
5. Be that as it may, as prayed for by learned counsel for
the petitioners, this petition is disposed of, by observing that the
findings returned in judgment, dated 15.07.2020, passed by this
Hon'ble Court in the CWPOA No.231 of 2019, titled as Shri Amar
Nath and Others Versus State of Himachal Pradesh and Others,
shall also mutatis mutandis apply to this petition also and
petitioners shall also abide by the outcome of the Letters Patent
Appeal No.70 of 2020, which has been assailed by the State, against
the judgment rendered in Amar Nath's case (supra), subject to their
legal rights. Miscellaneous applications, if any, also stand disposed
of.
August 18, 2021 (Ajay Mohan Goel)
(rishi) Judge
