December vs State Of Himachal Pradesh And In ...
2021 Latest Caselaw 5451 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
             ON THE 27TH DAY OF NOVEMBER, 2021




                                                         .
                          BEFORE





      HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                              &





            HON'BLE MR. JUSTICE SATYEN VAIDYA


            CIVIL WRIT PETITION NO. 6148 of 2021





BETWEEN:­


SHRI GURU PARKASH, S/O SHRI SHIV
RAM,   R/O   NO.   986/5,  MOHALLA

AMARPUR, TEHSIL NAHAN, DISTRICT

SIRMOUR,     HIMACHAL      PRADESH
PRESENTLY         SERVING        AS
SUPERINTENDENT       GRADE­II    AT
GOVERNMENT SENIOR SECONDARY


SCHOOL,    NAINA   TIKKAR,   TEHSIL
PACHHAT,      DISTRICT     SIRMOUR,
HIMACHAL PRADESH, SINCE 6TH OF




DECEMBER, 2016..
                                               ...PETITIONER





(BY SH. PARESH VERMA, ADVOCATE)


               AND





1.   STATE OF HIMACHAL PRADESH
THROUGH       ITS      SECRETARY
( DEPARTMENT OF EDUCATION) TO THE
GOVERNMENT OF HIMACHAL PRADESH.

2. DIRECTOR DEPARTMENT OF HIGHER
EDUCATION, HIMACHAL PRADESH .
                                                 ...RESPONDENT
(BY MR. ASHOK SHARMA, ADVOCATE
GENERAL, WITH MR. RAJINER DOGRA,
SENIOR    ADDITIONAL    ADVOCATE




                                        ::: Downloaded on - 31/01/2022 23:20:57 :::CIS
                                  2




GENERAL AND M/S VINOD THAKUR AND
HIMANSHU MISRA, ADDL. A.GS., AND MR.




                                                             .
BHUPINDER THAKUR, DY. A.GS. FOR





RESPONDENTS No. 1 to 5.)
_____________________________________________________________





           This petition coming on for orders this day Hon'ble

Mr. Justice Tarlok Singh Chauhan, delivered the following:-





                       ORDER

The instant petition has been filed for the grant of

following substantive relief:-

i) That the Hon'ble Court may kindly be pleased to issue a writ of mandamus whereby

the respondents may kindly be directed to decide the representation dated 02.08.2021

vide Annexure P/1 sympathetically in the light of

judgment passed by this Hon'ble Court in the light of decision passed in Civil Writ Petition No. 5801/2020 titled as Naveen Sharma versus

State of Himachal Pradesh and in view of the judgment passed by this Hon'ble Court in Civil Writ Petition No. 1105/2006 titled as Sushila Sharma, Versus State of Himachal Pradesh.

2. A bare perusal of the petition shows that save

and except for individual hardship, no other factual and legal

ground has been taken by the petitioner in this petition. As

regards the individual hardship, the law is more than settled

and the same has to be considered by the employer.

.

3. Reference in this regard can conveniently be made to

the judgment of the Hon'ble Supreme Court in Rajendra Roy

Vs. Union of India & anr (1993)1 SCC 148.

4. Therefore, in these circumstances, without treating

this order as a precedent, we deem it proper to dispose of this

petition by directing the respondents to consider and decide the

representation dated 02.08.2021 (Annexure P-1)

sympathetically, in the light of the decision taken by this Court

in CWP No. 5801/2020, titled as Naveen Sharma versus State of

Himachal Pradesh and in another case, i.e. CWP No. 1105/2006,

titled as Sushila Sharma versus State of Himachal Pradesh,

within a period of three weeks, from today.

For compliance to come up on 04.01.2022.

(Tarlok Singh Chauhan) Judge

( Satyen Vaidya ) Judge November 27, 2021 (sushma)

.