Sh. Virender Dutt vs State Of H.P. & Others
2022 Latest Caselaw 99 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                      .
                ON THE 5th DAY OF JANUARY, 2022





                            BEFORE





            HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

                         CHIEF JUSTICE
                               &





           HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

                CIVIL WRIT PETITION No.101 of 2022

         Between:-

         SH. VIRENDER DUTT,
         S/O SH. DURGA RAM,
         R/O VILLAGE SHASIORDER,
         P.O. CHAKLI, TEHSIL NAHAN,


         DISTT. SIRMOUR, H.P.,
         EX. HOME GUARD, 4th BATTALION,
         NAHAN, DISTT. SIRMOUR, H.P.
                                                   ......PETITIONER




         (BY MR. A.K. GUPTA AND





          MS. BABITA CHAUHAN, 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.




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                                       -2-




    3.    THE COMMANDANT,
          HOME GUARDS, 4th BATTALION,




                                                               .
          NAHAN, DISTT. SIRMOUR, H.P.





                                                       ......RESPONDENTS
          (MR. ASHOK SHARMA,





           ADVOCATE GENERAL WITH
           MS. RITTA GOSWAMI,
           ADDITIONAL ADVOCATE GENERAL)





                 This petition coming on for admission this day,
    Hon'ble Mr. Justice Mohammad Rafiq, passed the following:


                                  ORDER

The 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 vs. State of H.P. & others, decided on

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

the respondents.

2. 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 the light of the aforementioned judgment rendered by a

Coordinate Bench of this Court in Inder Singh's case.

3. The pending miscellaneous application(s), if any, shall

.

also stand disposed of.

                                                (Mohammad Rafiq)





                                                  Chief Justice



                                               (Jyotsna Rewal Dua)





    January 05, 2022                                  Judge
         (Bhardwaj)