Guard vs State Of H.P. & Others
2022 Latest Caselaw 5697 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                      ON THE 15th DAY OF JULY, 2022
                                BEFORE




                                                           .
           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                   &
         HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





                 CIVIL WRIT PETITION No.4676 of 2022

          Between:-





          SHRI SURRENDER KUMAR,
          SON OF SHRI RATTI RAM,
          RESIDENT OF VILLAGE BHARECH,
          POST OFFICE, GHANAHATTI,
          TEHSIL AND DISTRICT SHIMLA,

          HIMACHAL PRADESH. EX. HOME

          GUARD, 3RD BATTALION, SHIMLA,
          DISTRICT SHIMLA, HIMACHAL
          PRADESH. AGE 49 YEARS.                        ......PETITIONER
          (BY MR. BONIT PRAKASH, ADVOCATE, VICE


          MR. A.K. GUPTA, ADVOCATE)

          AND




    1.    STATE OF HIMACHAL PRADESH
          THROUGH THE PRINCIPAL
          SECRETARY (HOME) WITH





          HEADQUARTER AT SHIMLA-2,
          HIMACHAL PRADESH.
    2.    THE COMMANDANT GENERAL ( HOME





          GUARDS) WITH HEADQUARTER AT
          SHIMLA-2, HIMACHAL PRADESH.
    3.    THE COMMANDANT, HOME GUARDS
          3RD BATTALION, SHIMLA, DISTRICT
          SHIMLA, HIMACHAL PRADESH.       ......RESPONDENTS

          (MR. ASHOK SHARMA, ADVOCATE
          GENERAL WITH MR. VIKRANT CHANDEL,
          DEPUTY ADVOCATE GENERAL)
    ___________________________________________________




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          This Civil Writ Petition coming on for admission this day, Hon'ble

    Mr. Tarlok Singh Chauhan, passed the following:

                         ORDER

.

Notice. Mr. Vikrant Chandel, learned Deputy Advocate General,

appears and waives service of notice on behalf of the respondents.

2. 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 versus State of H.P. & Others, decided on

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

respondents.

3. 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 light of the

aforementioned judgment rendered by a Coordinate Bench of this

Court in Inder Singh's case (supra).

Pending miscellaneous application(s), if any, shall also stand

disposed of.

( Tarlok Singh Chauhan ) Judge

( Chander Bhusan Barowalia) Judge July 15, 2022 (ks)