Guard vs State Of H.P. & Others
2022 Latest Caselaw 5850 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 20TH DAY OF JULY, 2022
                            BEFORE




                                                           .
                 HON'BLE MS. JUSTICE SABINA





                               &
            HON'BLE MR. JUSTICE SATYEN VAIDYA





               CIVIL WRIT PETITION No.4828 of 2022

         Between:-





         SURESH KUMAR, SON OF SH.
         BICHITER SINGH, RESIDENT OF
         VILLAGE AND POST OFFICE
         BRANG, TEHSIL DHARAMPUR,
         DISTRICT MANDI, H.P. EX. HOME

         GUARD, 6TH BATTALION MANDI,

         DISTRICT MANDI, H.P. AED 43
         YEARS.                                       ....PETITIONER

         (BY MS. BABITA CHAUHAN,
         ADVOCATE ON BEHALF OF MR.



         A.K. GUPTA, ADVOCATE)
         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.
    3.   THE COMMANDANT, HOME
         GUARDS, 6TH BATTALION,
         MANDI, DISTRICT MANDI, H.P.             ....RESPONDENTS

         (BY MR. KUNAL THAKUR,
         DEPUTY ADVOCATE GENERAL)
    ________________________________________________________




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                      This Civil Writ Petition coming on for admission this day,

    Hon'ble Ms. Justice Sabina, passed the following:

                                   ORDER

.

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.

2. to 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).

3. Pending miscellaneous application(s), if any, shall also

stand disposed of.

                                                                  ( Sabina )
                                                                    Judge




                                                             ( Satyen Vaidya )
    July 20, 2022                                                 Judge
         (Yashwant)