Shimla vs State Of H.P. And Others." It Is A ...
2022 Latest Caselaw 5791 HP

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

            ON THE   19th   DAY OF JULY, 2022

                        BEFORE




                                                     .

    HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                            &

 HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





        CIVIL WRIT PETITION NO. 4674 OF 2022

 Between:          r
    SUBHASH KUMAR SON OF SH.

    JAGDISH KUMAR, RESIDENT OF
    VILLAGE KOTHI HARDI, P.O.
    CHHAKOH, TEHSIL AND DISTT.


    SHIMLA, H.P. AGED 38 YEARS

                       ...PETITIONER




 (BY MR. ASHWANI GUPTA, ADVOCATE)





  AND
 1. STATE OF H.P. THROUGH THE PRINCIPAL





    SECRETARY (HOME) WITH HEADQUARTERS AT
    SHIMLA­2.
 2. THE COMMANDANT GENERAL (HOME GUARDS) WITH
    HEADQUARTERS AT SHIMLA, H.P.
 3. THE COMMANDANT, HOME GUARDS, 3RD
    BATTALION SHIMLA DISTT. SHIMLA, H.P.




                                    ::: Downloaded on - 21/07/2022 20:02:52 :::CIS
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                                              ...RESPONDENTS


    (BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH
    MR. ASHWANI SHARMA, ADDL. ADVOCATE GENERAL




                                                              .
    AND MR. VIKRANT CHANDEL, DEPUTY ADVOCATE





    GENERAL)





    This Petition coming on for   orders on this day, Hon'ble Mr.
    Justice Tarlok Singh Chauhan, passed the following:­
                              ORDER

Notice. Mr. Ashwani Sharma, learned Addl. A.G.

appears and waives service of notice on behalf of

respondents.

2. Learned counsel for the petitioner states that the

issue in question is squarely covered by the judgment

rendered by the Division Bench of this Court on 5.1.2021 in

CWP No. 3628 of 2020, case titled as "Inder Singh versus

State of H.P. and others." It is a matter, which is required

to be considered by the employer.

3. Therefore, without going into the merits of the

case, we deem it proper to dispose of the writ petition by

directing the respondents to consider and decide the case of

the petitioner in the light of the aforesaid decision and if the

case of the petitioners is covered by the aforesaid judgment,

then the same and similar benefits as extended in CWP No.

.

3628 of 2020 (supra), be also extended to the petitioner

herein. This entire exercise shall be completed within four

weeks. Ordered accordingly. Pending application(s), if any,

also stand disposed of.

                       r         to       (Tarlok Singh Chauhan)
                                                   Judge

                                      (Chander Bhusan Barowalia)
                                                 Judge
    July 19, 2022
    Kalpana