Under Secretary (Hpss) vs State
2021 Latest Caselaw 4416 HP

                               1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 8th DAY OF SEPTEMBER, 2021




                                                          .
                           BEFORE





           HON'BLE MR. JUSTICE AJAY MOHAN GOEL
                 CIVIL WRIT PETITION (ORIGINAL APPLICATION)





                 No. 6580 of 2019

     Between:-
     RAM CHAND SHARMA, S/ O
     LATE   SHRI    MAST   RAM




     SHARMA, R/O RAM NIWAS
     CHAKKAR, SHIMLA, TEHSIL
     AND DISTRICT
     SHIMLA-171005, RETIRED AS

     UNDER SECRETARY (HPSS).

                                                 ...PETITIONER
     (BY SHRI S.S. SOOD, ADVOCATE)

     AND



1.   STATE     OF     HIMACHAL
     PRADESH THROUGH CHIEF




     SECRETARY      TO       THE
     GOVERNMENT OF HIMACHAL





     PRADESH, SHIMLA-171002.
2.   ADDITIONAL           CHIEF
     SECRETARY (FINANCE) TO THE
     GOVT.     OF     HIMACHAL





     PRADESH, SHIMLA 171002.
3.   ADDITIONAL           CHIEF
     SECRETARY (PERSONNEL) TO
     THE GOVT. OF HIMACHAL
     PRADESH, SHIMLA 171002.
4.   THE ACCOUNTANT GENERAL
     (PENSIONS),      HIMACHAL
     PRADESH, SHIMLA-171003.

                                          ...RESPONDENTS




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      (SHRI   ASHOK   SHARMA,  ADVOCATE
      GENERAL, WITH M/S SUMESH RAJ,
      ADARSH SHARMA & SANJEEV SOOD,
      ADDITIONAL ADVOCATES GENERAL, M/S




                                                                     .
      J.S.  GULERIA   AND   KAMAL  KANT





      CHANDEL, DEPUTY ADVOCATES GENERAL
      FOR R-1 TO R-3
      SHRI LOKENDER PAL THAKUR, SENIOR
      PANEL COUNSEL, FOR R-4)





      Whether approved for reporting? No.
__________________________________________________________





             This petition coming on for hearing this day, the Court passed
the following:
                                  ORDER

Learned counsel for the petitioner submits that the present

case is squarely covered by the judgment dated 15.07.2021, passed by

this Court in CWPOA No. 6391 of 2019, titled as B.C. Gupta Vs. State

of Himachal Pradesh and others and other connected matters and it

will be in the interest of justice in case this petition is disposed of with the

direction that the adjudication in the said petitions shall mutatis mutandis

applies to this petition also.

2. The factum of the case being similar to the case decided by

this Court in B.C. Gupta's case (supra) is not disputed by the State, but

learned Additional Advocate General states that the disposal of this Case

be subject to the legal rights of the respondent-State, as the State intends

to assail the judgment passed in B.C. Gupta's case (supra) by filing a

Letters Patent Appeal.

3. Accordingly, this petition is disposed of with the observation

that the findings returned by this Court in CWPOA No. 6391 of 2019,

.

titled as B.C. Gupta Vs. State of Himachal Pradesh and others shall

mutatis mutandis apply to this case also, but with the protection of legal

rights of the respondent-State, as prayed for. Miscellaneous applications,

if any, also stand disposed of.

(Ajay Mohan Goel)

Judge September 08, 2021 (bhupender)