Between vs State Of Himachal
2021 Latest Caselaw 5073 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 27th DAY OF OCTOBER 2021
                               BEFORE
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                          .
                                    &





             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

                CIVIL WRIT PETITION No. 4664 of 2021





       Between:-
       HARDEV SINGH,
       AGED ABOUT 58 YEARS,





       S/O SH. THAKUR DASS,
       R/O VILLAGE BARI CHOWK,
       P.O. BHATWARA, TEHSIL GHUMARWIN,
       DISTRICT BILASPUR, H.P.
       PIN CODE 174028

                                                          ......PETITIONER

       (BY SH. NARESH K. SHARMA, ADVOCATE)
       AND
    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. DEPUTY DIRECTOR OF HIGHER EDUCATION,
       BILASPUR, DISTRICT BILASPUR, H.P.





                                         ......RESPONDENTS
       (BY SH. ASHOK SHARMA, ADVOCATE
       GENERAL WITH SH. R.S. DOGRA, SENIOR
       ADDITIONAL ADVOCATE GENERAL AND
       SH. SHIV PAL MANHANS & SH. ASHWANI K.
       SHARMA, ADDITIONAL ADVOCATES
       GENERAL)

         This   petition   coming   on    for     admission         this     day,
    Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:




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                                      ORDER

The instant petition has been filed for the grant of

following substantive reliefs:-

.

"(i) That writ of certiorari may kindly be issued and

letter dated 12.10.2020 (Annexure P-8) may kindly be quashed and set aside in the interest and justice.

(ii) That writ of mandamus may kindly be issued,

directing the respondents to grant the petitioner, 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 benefit 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 Sh. Amar Nath and Others Vs. State of Himachal Pradesh and Others (Annexure P-7)."

2. Prima facie, the issue in question is squarely covered

by the judgment rendered by the Division Bench of this Court in

CWP No.4654 of 2013, titled Avtar Singh Versus H.P. State

Electricity Board Limited and CWP No.4708 of 2013, titled

Salinder Singh Versus H.P. State Electricity Board Limited,

decided on 26.11.2014 and lastly by the judgment of the learned

Single Judge in a batch of petitions, lead being CWPOA No.231 of

2019, titled Amar Nath and others Vs. State of Himachal Pradesh

and others, decided on 15.07.2020 (Annexure P-7).

3. Respondents have not filed any reply.

4. Accordingly, since the issue in question is squarely

covered by the aforesaid judgments, we dispose of the present

petition by directing the respondents to consider and decide the

case of the petitioner on the basis of judgments referred to above,

within a period of two weeks from today and report compliance on

.

24.11.2021. Pending miscellaneous application(s), if any, also stand

disposed of.

                                          (Tarlok Singh Chauhan)
                                                  Judge



    October 27, 2021
       R.Atal/Mukesh
                   r         to             (Jyotsna Rewal Dua)
                                                   Judge