Guard vs State Of H.P. & Others
2022 Latest Caselaw 6576 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                ON THE 1st DAY OF AUGUST, 2022
                            BEFORE




                                                           .
                 HON'BLE MS. JUSTICE SABINA





                               &
            HON'BLE MR. JUSTICE SATYEN VAIDYA





               CIVIL WRIT PETITION No.5209 of 2022

         Between:-





         SATYA PRAKASH, SON OF SH.
         JAGAT RAM, RESIDENT OF
         VILLAGE AND POST OFFICE
         GHANAHATTI, TEHSIL AND
         DISTRICT SHIMLA, H.P. EX. HOME

         GUARD, 3RD BATTALION, SHIMLA,

         DISTRICT SHIMLA, H.P. AGED 43
         YEARS.                                       ....PETITIONER

         (BY MR. A.K. GUPTA, MS. BABITA
         CHAUHAN & MR. BONIT THAKUR,



         ADVOCATES)
         AND




    1.   STATE OF H.P. THROUGH THE
         PRINCIPAL SECRETARY (HOME)





         WITH HEADQUARTERS AT
         SHIMLA-2, H.P.
    2.   THE COMMANDANT GENERAL





         (HOME GUARDS) WITH
         HEADQUARTERS AT SHIMLA,
         H.P.
    3.   THE COMMANDANT, HOME
         GUARDS, 3RD BATTALION,
         SHIMLA, DISTRICT SHIMLA, H.P.           ....RESPONDENTS

         (BY MR. ASHWANI SHARMA,
         ADDITIONAL ADVOCATE
         GENERAL)
    ________________________________________________________




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                      This Civil Writ Petition coming on for admission this day,

    Hon'ble Ms. Justice Sabina, passed the following:

                                   ORDER

.

Learned counsel for the petitioner submits that the issue

in question is squarely covered by the judgment rendered by a

Coordinate Bench of this Court in CWP No.3628 of 2020, in case

titled as Inder Singh versus State of H.P. & Others, decided on

05.01.2021. This is a matter, which is required to be examined by

the respondents.

2. to Having regard to the limited submissions and without

going into the merits of the case, the writ petition is disposed of with

a direction to the respondents to consider the case of the petitioner

in light of the aforementioned judgment rendered by a Coordinate

Bench of this Court in Inder Singh's case (supra).

3. Pending miscellaneous application(s), if any, shall also

stand disposed of.

                                                                  ( Sabina )
                                                                    Judge




                                                             ( Satyen Vaidya )
    August 01, 2022                                               Judge
         (Yashwant)