Village & Post Office vs State Of H.P. & Others. He States ...
2022 Latest Caselaw 5856 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                      ON THE 20th DAY OF JULY, 2022

                                BEFORE




                                                          .

                     HON'BLE MR. JUSTICE A.A. SAYED,

                             CHIEF JUSTICE





                                   &

               HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





    CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.3996 of 2020

         Between:- r
          DOLA RAM, SON OF SHRI
          BALESAR RAM, RESIDENT OF

          VILLAGE & POST OFFICE-
          GHIRI,  TEHSIL    SUNDER
          NAGAR,   DISTRICT  MANDI
          (H.P.).



                                                    .....PETITIONER




          (BY    MR. ADARSH         K.





          VASHISTA, ADVOCATE)

         AND





    1.    STATE       OF   HIMACHAL
          PRADESH,          THROUGH
          PRINCIPAL SECRETARY (I&PH),
          TO THE GOVERNMENT OF
          HIMACHAL PRADESH, SHIMLA-
          171002 (H.P.).
    2.    THE ENGINEER-IN-CHIEF, I&PH,
          U.S. CLUB, SHIMLA-171001




                                         ::: Downloaded on - 20/07/2022 20:03:44 :::CIS
                                                2


         (H.P.).
    3.   THE EXECUTIVE ENGINEER,
         I&PH    DIVISION,  SUNDER
         NAGAR,    DISTRICT  MANDI
         (H.P.).




                                                                      .

                                                            .....RESPONDENTS





        (BY MR. ASHOK SHARMA,
        ADVOCATE GENERAL, WITH
        MS.RITTA          GOSWAMI,
        ADDITIONAL        ADVOCATE
        GENERAL)




    _____________________________________________________

                  This petition coming on for orders this day, Hon'ble

    Mr. Justice A.A. Sayed, passed the following:


                                  ORDER

The petition has been filed by the petitioner, seeking the

following relief:-

"i) That the impugned order dated 22.4.2015,

Annexure A-4 whereby the Applicant has been retired from service of Respondent Department w.e.f.

30.4.2015 may kindly be quashed and set aside and the Respondents may kindly be directed to reinstate the Applicant in service upto the age of 60 years.

ii) That the Respondents may kindly be directed to treat the period of Applicant w.e.f. 30.4.2015 to 30.4.2017 as period in service alongwith benefits, all

consequential in the interest of justice, and such due and admissible arrears may kindly be ordered to be paid in his favour alongwith due and admissible interest."

.

2. Learned counsel for the petitioner has tendered a copy

of the judgment dated 22nd February, 2022, delivered by the Full

Bench of this Court in CWP No. 2711 of 2017 and companion writ

petitions, titled Baldev vs. State of H.P. & others. He states that the

issue raised in the present petition would be covered by the

aforesaid judgment of the Full Bench.

3. In the circumstances, we dispose of the writ petition by

directing the respondents to consider the case of the petitioner and

take a decision within a period of four weeks from today in the light

of the aforesaid judgment of the Full Bench. The pending

application(s), if any, also to stand disposed of.

                                                     ( A.A. Sayed )





                                                     Chief Justice



                                               ( Jyotsna Rewal Dua )
    July 20, 2022                                     Judge
         (vt)