Gurdev Singh vs The Directorate General Civil ...
2022 Latest Caselaw 11842 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWPOA No.554 of 2020 Date of Decision: 30.12.2022

.

             Gurdev Singh                                               .....Petitioner.
                                                 Versus

The Directorate General Civil Defence & ors.

.....Respondents.

Coram The Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1

For the petitioner : Mr. S.C. Sharma, Sr. Advocate with Mr.

Kamal Kumar, Advocate.

For the respondents : Mr. Rajinder Thakur, Central Government Standing Counsel.

Sandeep Sharma, Judge (oral).

By way of instant petition, the petitioner has prayed for

grant of following substantive reliefs-

"a. Quash the impugned oral order issued in year 1999 issued arbitrarily, malafide and illegally by the respondents without any notice, charge-sheet or compensation and in contravention to the principles of natural justice, the provisions of Himachal Pradesh

Home Guards Act, 1968 was amended by the Himachal Home Guard (Amendment) Act, 2002 & rules made thereunder.

b. Direct the respondents to reinstate the petitioner as Home Guard with all the consequential benefits i.e. arrears of salary, seniority etc."

2. Though, reply on behalf of the respondents-State has been

filed, but before the case at hand could be heard and decided on its

own merit, learned counsel representing the petitioner while inviting

attention of the Court to the judgment dated 05.01.2021, passed by

the Hon'ble Division Bench of this Court in CWP No.3628 of 2020

titled Inder Singh vs. State of H.P & others, submits that the

issue raised in the instant case is squarely covered with the aforesaid

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

judgment and the petitioner would be content and satisfied in case

respondents are directed to consider and decide the case of the

petitioner in light of the aforesaid judgment passed by Hon'ble

.

Division Bench of this Court. Learned Central Government Standing

Counsel is not averse to the aforesaid innocuous prayer made on

behalf of the petitioner.

3. Having carefully perused the issue raised in the petition at

hand vis-a-vis judgment sought to be relied upon in Inder Singh's case

(supra), this Court finds that the issue raised in the instant petition

already stands adjudicated in the aforesaid decision and no prejudice,

if any, would be caused to the parties in case the respondents are

directed to consider the case of the petitioner in light of Inder Singh's

case, supra expeditiously.

4. Consequently, in view of the above, the present petition is

disposed of with a direction to the respondents to consider and decide

the case of the petitioner in light of Inder Singh's case, supra

expeditiously, preferably within six weeks from today. In case

petitioner is found to be similar situated to the petitioner in Inder

Singh's case (supra) he shall be given similar benefits. Needless to

say, authority while doing the needful in terms of the instant order,

shall afford an opportunity of hearing to the petitioner and thereafter

pass detailed speaking order. Liberty is reserved to the petitioner to

file appropriate proceedings in appropriate court of law, if he still

remains aggrieved. Pending application(s), if any, also stands

disposed of.

(Sandeep Sharma) Judge 30th December, 2022 (CS)