Shimla vs Division Bench Judgment Rendered ...
2021 Latest Caselaw 5828 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 20th DAY OF DECEMBER, 2021




                                                         .

                               BEFORE

           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                &

        HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA

                 CIVIL WRIT PETITION NO. 8000 OF 2021

     Between:-
                    r       to
     SMT. BISHMA DEVI, WIFE OF
     SH. MOHAR SINGH, RESIDENT
     OF VILLAGE DALGAON, P.O.

     KUTARA,   TEHSIL   ROHRU,
     DISTRICT    HIMLA,    H.P.
     PRESENTLY SERVING AT GSSS
     DALAGAON ROHRU, DISTRICT


     SHIMLA.
                                                       ...PETITIONER
     (BY SH. VIJAY KUMAR, ADVOCATE)




     AND

1.   STATE OF HIMACHAL PRADESH





     THROUGH          SECRETARY
     (EDUCATION)     TO      THE
     GOVERNMENT OF HIMACHAL





     PRADESH.
2.   THE DIRECTOR OF HIGHER
     EDUCATION,         HIMACHAL
     PRADESH, SHIMLA-1.
3.   THE DEPUTY DIRECTOR HIGHER
     EDUCATION, SHIMLA, DISTRICT
     SHIMLA, H.P.
                                           ...RESPONDENTS
     (SH.     ASHOK     SHARMA,
     ADVOCATE GENERAL WITH SH.
     RAJINDER   DOGRA,   SENIOR
     ADDITIONAL        ADVOCATE
     GENERAL AND SH. SHIV PAL




                                        ::: Downloaded on - 31/01/2022 23:27:51 :::CIS
                                         2




    MANHANS,       ADDITIONAL
    ADVOCATE GENERAL).




                                                                   .
    This Petition coming on for orders this day, the Hon'ble Mr.





    Justice Tarlok Singh Chauhan, passed the following:-

                                  ORDER

Notice. Mr. Shiv Pal Manhans, learned Additional

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. Learned counsel for the petitioner states that issue in

question is squarely covered by a judgment rendered by Division

Bench of this Court in CWP No. 3896 of 2015, titled as Dipti

Kumar vs. State of Himachal Pradesh and another,

decided on 24.09.2015, which in turn has been upheld by the

Hon'ble Supreme Court vide its order dated 24.07.2017 passed in

Special Leave to Appeal (C) No(s). 7778-7779 of 2017. He further

submits that the issue otherwise is also squarely covered by

Division Bench judgment rendered by this Court in CWPOA No.

7944 of 2019, titled as Surjeet Singh vs. State of H.P. and

others, decided on 09.08.2021. This is a matter, which is

required to be considered by the respondents.

3. Accordingly, without going into the merits of this

case, we deem it proper to dispose of this petition by directing

the respondents to consider and decide the petition in

accordance with the aforesaid judgments within a period of eight

weeks from today. Ordered accordingly.

.

For compliance to come up on 22.02.2022.

                                          (Tarlok Singh Chauhan)
                                                    Judge


                                       (Chander Bhusan Barowalia)





      th
    20     December, 2021                         Judge
                (sanjeev)