Between vs The State Of Himachal
2022 Latest Caselaw 5858 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 No.4821 of 2022

         Between:-


         S/O SHRI HANS RAJ,

         R/O VILLAGE SIKHNU,

         EX. HAV VIJAY SINGH,


         POST OFFICE BHARARI,

         TEHSIL BHATTIYAR,
         DISTRICT CHAMBA, H.P.
                                                      ......PETITIONER



         (BY MR. SAT PRAKASH,
          ADVOCATE)
         AND




    1.   STATE OF HIMACHAL PRADESH,
         THROUGH PRINCIPAL SECRETARY





         (HOME) TO THE GOVERNMENT OF
         HIMACHAL PRADESH, SHIMLA-2.





    2.   DIRECTOR GENERAL OF POLICE,
         HIMACHAL PRADESH, SHIMLA-2.

    3.   DIRECTOR OF SAINIK WELFARE,
         EX-SERVICEMEN CELL, HAMIRPUR,
         DISTRICT HAMIRPUR, H.P.

    4.   THE SUPERINTENDENT OF POLICE,
         CHAMBA, TEHSIL AND DISTRICT
         CHAMBA, H.P.
                                                  ......RESPONDENTS




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         (BY MR. ADARSH K. SHARMA,
          ADDITIONAL ADVOCATE GENERAL)


                 This   petition    coming    on   for    admission        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:-

"That a writ in the nature of mandamus may

kindly be issued directing respondents to give

appointment letter to the petitioner and he be

allowed for training with other candidates with his

seniority and eligibility as recommended by

respondent No.3."

2. The petitioner has stated in the petition that the height

of the petitioner is 168 Cms., that is, 5 Feet 6.147 Inches. The

required criteria of height as per respondents for the post of Police

Constable is 5 Feet 6 Inches for general category (to which the

petitioner belongs).

3. Similar issue has been considered by this Court in the

judgment dated 02.06.2020 passed in CWP No.1408 of 2020

(Ex. Hav. Radha Krishan Versus The State of Himachal

Pradesh and others). The said Civil Writ Petition has been

allowed on similar facts.

4. In view of the above, we dispose of the petition by

directing the respondents to consider the case of the petitioner in

.

light of the aforesaid judgment and in the event the Discharge Book

of the petitioner reflects the height of the petitioner as more than 5

Feet 6 Inches, the petitioner would be given an appointment letter

and shall be sent for training and assigned his respective place in

the seniority list. The petitioner shall also be entitled for

consequential benefits.

5.

stand disposed of.

Pending miscellaneous application(s), if any, also to

(A.A. Sayed)

Chief Justice

(Jyotsna Rewal Dua) July 20, 2022 Judge

(Bhardwaj)