And Distt. Shimla vs State Of H.P. & Others
2022 Latest Caselaw 5288 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                     ON THE 5th DAY OF JULY, 2022




                                                         .
                               BEFORE





                     HON'BLE MS. JUSTICE SABINA
                                  &





               HON'BLE MR. JUSTICE SATYEN VAIDYA

               CIVIL WRIT PETITION No.4372 of 2022





         Between:-

         SH. DUNI CHAND,
         SON OF LATE SH. RAM DASS,
         RESIDENT OF VILLAGE KUFRIDHAR,

         P.O. GHANAHATTI, TEHSIL

         AND DISTT. SHIMLA, H.P.
         EX. HOME GUARD, 3RD BATTALION
         SHIMLA, DISTT. SHIMLA,
         H.P. AGE 49 YEARS.


                                                      ......PETITIONER
         (BY MS. BABITA, ADVOCATE
         ON BEHALF OF MR. A.K. GUPTA,
         ADVOCATE)




         AND





    1.   STATE OF H.P. THROUGH
         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, DISTT. SHIMLA, H.P.
                                      ......RESPONDENTS

         (BY MR. VIKRANT CHANDEL,
         DEPUTY ADVOCATE GENERAL)




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

( Sabina )

Judge

( Satyen Vaidya ) Judge July 05, 2022 ( Himalvi)