Sh. Joginder Singh vs Pradesh And Others
2022 Latest Caselaw 175 HP

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     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 7th DAY OF JANUARY, 2022
                              BEFORE




                                                         .

                     HON'BLE MS. JUSTICE SABINA
                                 &
               HON'BLE MR. JUSTICE SATYEN VAIDYA





                 CIVIL WRIT PETITION No.238 of 2022
         Between:-
    1.   SH. JOGINDER SINGH S/O SH.




         BIR   SINGH      R/O    VILLAGE
         CHAINJAN P.O. TIKKARI TEH
         NERWA DISTRICT SHIMLA H.P.
         AGEAD    ABOUT       51   YEARS
         PRESENTLY
                   r     POSTED        AS
         LECTURER       (ENGLISH)      AT

         GOVERNMENT SR. SEC. SCHOOL
         TIKKARI NEWAL, TEHSIL NERWA
         DISTRICT SHIMLA H.P.
    2.   SH. MOHAN LAL, S/O SH. BHOOP


         SINGH, R/O VILLAGE DHAR,
         POST OFFICE DHAR CHANDNA,
         TEHSIL      KUPVI,      DISTRICT




         SHIMLA, H.P., 171210 AGED
         ABOUT 51 YEARS PRESENTLY
         POSTED       AS       LECTURER





         (HISTORY), GOVERNMENT SR.
         SEC.    SCHOOL,       DHARECH,
         TEHSIL     THEOG,       DISTRICT





         SHIMLA H.P.
    3.   SH. LIAQ RAM, S/O SH. HARI
         RAM, R/O VILLAGE BAG, P.O.
         MASHLONI, TEHSIL KUPVI, AGED
         ABOUT 53 YEARS, DISTRICT
         SHIMLA, PRESENTLY POSTED AS
         LECTURER       (ENGLISH)      AT
         GOVERNMENT         SR.      SEC.
         SCHOOL,      KUPVI,     DISTRICT
         SHIMLA, H.P.171217
    4.   SH. SOHAN SINGH, S/O SH.
         KEWAL RAM, R/O VILLAGE
         SANANNU,      P.O.    THAROCH,




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         TEHSIL    NERWA,      DISTRICT
         SHIMLA, H.P., AGED ABOUT 53
         YEARS PRESENTLY POSTED AS
         LECTURER (ECONOMICS) AT




                                                       .
         G.S.S.S NERWA, TEHSIL NERWA,





         DISTRICT SHIMLA, H.P.
    5.   SH. GOVIND SINGH, S/O LATE
         SH. PARMA NAND, R/O VILLAGE





         BHARANOO, TEHSIL NERWA
         DISTRICT SHIMLA, H.P., AGED
         ABOUT 47 YEARS PRESENTLY
         POSTED AS LECTURER (HINDI)
         AT G.S.S.S. BHARNOO, TEHSIL





         BHARNOO,      TEHSIL    NERWA
         DISTRICT SHIMLA.
    6.   KEDAR SINGH S/O SH. HARI
         SINGH R/O VILLAGE LACHHOG,

         P.O. PAURIA, TEHSIL CHOPAL
         DISTRICT SHIMLA. AGED ABOUT

         56 YEARS, PRESENT POSTED AS
         LECTURER      ECONOMICS     AT
         GSSS THAROCH, TEHSIL NERWA
         DISTRICT SHIMLA H.P.



                                                    .....PETITIONERS
         (BY MR. MUKUL SOOD, ADVOCATE)




         AND





    1.   STATE   OF    H.P. THROUGH
         SECRETARY EDUCATION, TO THE
         GOVERNMENT OF H.P.SHIMLA-2.





    2.   THE DIRECTOR OF HIGHER
         EDUCATION TO THE GOVT. OF
         HIMACHAL PRADESH, SHIMLA-1,
         H.P.
    3.   DEPUTY   DIRECTOR    HIGHER
         EDUCATION DISTRICT SHIMLA,
         SHIMLA, H.P.
                                                 .....RESPONDENTS
         (BY MR. ASHWANI SHARMA,
         ADDITIONAL ADVOCATE GENERAL)




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                 This petition coming on for admission this day, Hon'ble
    Ms. Justice Sabina, passed the following:




                                                                 .
                              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 petitioner 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

petitioner 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

petitioner is similarly situated to Arpana Bali's case, then consequential

action be taken within two weeks.

4. The petition stands disposed of in the aforesaid terms, so

also the pending application(s), if any.

For compliance, to come up on 26.02.2022.

.

                                                            (Sabina)





                                                             Judge





    January 07, 2022(ps/vh)                             (Satyen Vaidya)
                                                             Judge




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