Himachal Pradesh High Court
Between vs Pradesh And Others on 2 August, 2022
Bench: Sabina, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.4714 of 2022
1.
Between:-
TEK CHAND, AGED 51 YEARS,
S/O SHRI JAGDISH CHAND,
RESIDENT OF VILLAGE LADHI,
POST OFFICE DONEEHAR,
TEHSIL ARKI, DISTRICT SOLAN
(H.P.), PRESENTLY WORKING AS
J.B.T.
2. HEM RAJ SHARMA, AGED 54
YEARS, S/O LATE SH. BADRI
DASS, R/O VILLAGE LADHI, POST
OFFICE DONEEHAR, TEHSIL
ARKI, DISTRICT SOLAN (H.P.),
PRESENTLY WORKING AS J.B.T.
3. PUSHPA SHARMA, AGED 55
YEARS, D/O HARINAND, R/O
VILLAGE KANAIR, POST OFFICE
KUFTOO, TEHSIL KANDAGHAT,
DISTT. SOLAN H.P., PRESENTLY
WORKING AS J.B.T.
4. SARITA KAPATIA, AGED 57
YEARS, D/O NANAK CHAND
SHARMA R/O HOUSE NO. 4,
SECOND FLOOR, MANZA KA
SAINJ. TEHSIL KANDAGHAT,
DISTT. SOLAN H.P., PRESENTLY
WORKING AS J.B.T.
5. SUMAN BALA, AGED 46 YEARS,
D/O RAM KRISHAN CHANDEL
R/O WARD NO. 1, MAIN BAZAR,
NALAGARH, DISTT. SOLAN, H.P.
PRESENTLY WORKING AS J.B.T.
AT G.P.S. MALPUR.
6. REENA SHARMA, W/O KIRAN K.
SHARMA AGED 62 YEARS, R/O
.
V.P.O. GHANAHATTI, DISTT.
SHIMLA, H.P. PRESENTLY
RETIRED AS J.B.T.
7. PITAMBER DUTT, AGED 60
YEARS, S/O LATE SH.
KAMESHWAR DUTT, R/O
VILLAGE DANGRI, POST OFFICE
MANJYAT TEHSIL ARKI, DISTT.
SOLAN, H.P. PRESENTLY
RETIRED AS J.B.T.
8. MANJARI NEGI, AGED 56 YEARS,
W/O SH. DIWAN SINGH NEGI, R/O
V.P.O. CH. KAMBA, TEHSIL
NICHAR, DISTT. KINNAUR, H.P.
PRESENTLY WORKING AS J.B.T.
AT GCPS PATTA MASOOL
KHANA, BLOCK DHARAMPUR,
DISTT. SOLAN, H.P.
9. RAJ KUMAR, S/O SH. KANSHI
RAM AGED 49 YEARS, R/O
VILLAGE CHARAG, POST OFFICE
LUNAS, TEHSIL RAMSHEHAR,
DISTT. SOLAN H.P. PRESENTLY
WORKING AS J.B.T.
10. MANJEET KAUR W/O SH. VIJAY
SINGH THAKUR AGED 52 YEARS,
R/O ARKI ROAD, TEHSIL ARKI,
P.O. KUNIHAR, DISTT SOLAN
(H.P.)
....PETITIONERS
(BY MR. SHIVOM VASHISTA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(EDUCATION) TO THE GOVERNMENT
OF HIMACHAL PRADESH, SHIMLA-
171002 (H.P.)
2. DIRECTOR, HIGHER EDUCATION,
LALPANI, SHIMLA-171001 (H.P.).
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION, KULLU, DISTRICT
.
KULLU (H.P.).
....RESPONDENTS
(MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
r ORDER
Notice. Mr. Ashwani Sharma, learned Additional Advocate
General, appears and waives service of notice on behalf of the
respondents.
2. Learned counsel for the petitioners states that the issue in
question is squarely covered by the judgment rendered in CWP
No.1853 of 2009-D, titled as Arpana Bali vs. The State of Himachal
Pradesh and others, decided on 10th April, 2013 and the said
judgment, in turn, stands implemented by the respondents. This is a
matter, which is required to be considered by the employer.
3. Accordingly, the present petition is disposed of with a
direction to respondent No.2 to consider and decide the case of the
petitioners in light of the averments made in this petition and, more
particularly, the judgment rendered in Arpana Bali's case, which stands
implemented. Needful be done within four weeks and in case the
petitioners are similarly situated to Arpana Bali's case, then
consequential action be taken within two weeks.
.
(Sabina)
Judge
(Satyen Vaidya)
Judge
August 02, 2022
(Himalvi) r
