Sh. Subhash Chand Son Of vs Pradesh And Others
2022 Latest Caselaw 1169 HP

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     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                     ON THE 21st DAY OF MARCH, 2022
                                BEFORE




                                                           .

                      HON'BLE MS. JUSTICE SABINA
                                   &
               HON'BLE MR. JUSTICE SATYEN VAIDYA





                CIVIL WRIT PETITION No.1527 of 2022
         Between:-
    1.   SH. SUBHASH CHAND SON OF




         RESIDENT OF VILLAGE AND
         POST OFFICE AND TEHSIL
         BALDWARA DISTRICT MANDI
         H.P. AGE 51 YEARS PRESENTLY

         WORKING AS LECTURER OF
         PHYSICS AT GOVERNMENT

         SENIOR SECONDARY SCHOOL
         PHAUGEVAS              TEHSIL
         SUNDERNAGAR          DISTRICT
         MANDI H.P.


    2.   CHAMAN      LAL   SON     SH.
         KHAZANA RAM RESIDENT OF
         VILLAGE AND POST OFFICE




         BACHHWAN               TEHSIL
         BALDWARA DISTRICT MANDI
         HP. AGE 52 YEARS PRESENTLY





         WORKING      AS    TGT     OF
         GOVERNMENT             SENIOR
         SECONDARY             SCHOOL





         MAJHIATH TEHSIL BALDWARA
         DISTRICT MANDI H.P.
    3.   SH BIRBAL SON OF SH.
         RESIDENT      OF     VILLAGE
         JOLPLAKHIN POST OFFICE
         KUTHERA TEHSIL GHUMARWIN
         DISTRICT BILASPUR H.P. AGED
         ABOUT 53 YEARS PRESENTLY
         WORKING      AS     TGT    AT
         GOVERNMENT             MIDDLE
         SCHOOL      TANTHA     UNDER
         COMPLEX TALYANA DISTRICT
         BILASPUR H.P.




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    4.   KAMLESH KUMAR SON OF
         LATE SH. RIKHI RAM CHANDEL
         RESIDENT OF WARD NO. 7
         NEAR NAINA MATA MADI




                                                          .
         VILLAGE      DABORG      POST





         OFFICE        AND      TEHSIL
         SARAKGHAT DISTRICT MANDI
         H.P. AGE 49 YEARS.





    5.   SH. VIPAN KUMAR SON OF SH.
         RESIDENT OF VILLAGE AND
         POST    OFFICE     DHURKHARI
         TEHSIL BALDWARA DISTRICT
         MANDI H.P. AGE 50 YEARS





         PRESENTLY            WORKING
         LECTURER IN ECONOMICS AT
         GOVERNMENT             SENIOR
         SECONDARY             SCHOOL
         DHANATHAR
                   r          DISTRICT
         BILASPUR H.P.

    6.   SUDHIR KUMAR SON OF SH.
         RESIDENT OF VILLAGE MAKRI
         POST OFFICE SALON TEHSIL
         GHUMARWIN            DISTRICT


         BILASPUR H.P. AGE 53 YEARS
         PRESENTLY WORKING AS TGT
         (ARTS)    AT    GOVERNMENT
         MIDDLE       SCHOOL       RAR




         MANWANA UNDER COMPLEX
         GOVERNMENT             SENIOR





         SECONDARY SCHOOL KHANOT
         DISTRICT MANDI H.P.
    7.   SH. DALIP KUMAR SON OF





         RESIDENT       OF     VILLAGE
         CHANYANI POST AND TEHSIL
         BALDWARA DISTRICT MANDI
         H.P. PRESENTLY WORKING AS
         TGT(ARTS) AT GOVERNMENT
         SENIOR SECONDARY SCHOOL
         KHANOT DISTRICT MANDI H.P.
         AGE 50 YEARS.
                                                       .....PETITIONERS

         (BY MR. DEVENDER K. SHARMA,
         ADVOCATE)




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          AND
    1.    STATE OF HIMACHAL PRADESH
          THROUGH PRINCIPAL SECRETARY,
          EDUCATION, TO THE GOVT. OF




                                                                 .
          HIMACHAL PRADESH AT SHIMLA, HP.





    2.    DIRECTOR HIGHER EDUCATION,
          TO THE GOVERNMENT OF HIMACHAL
          PRADESH AT SHIMLA,H.P.





    3.    DIRECTOR, ELEMENTARY EDUCATION,
          TO THE GOVERNMENT OF HIMACHAL
          PRADESH AT SHIMLA,H.P.
                                                           .....RESPONDENTS





          (BY MR. RANJAN SHARMA,
          ADDITIONAL ADVOCATE GENERAL)

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

    Ms. Justice Sabina, passed the following:
                            ORDER

Notice. Mr. Ranjan Sharma, learned Additional Advocate

General, appears and waives service of notice on behalf of the

respondents.

2. Learned counsel for the petitioner states that the issue in

question is squarely covered by the judgment rendered in CWP

No. 1853 of 2009-D, titled as Arpana Bali vs. The State of Himachal

Pradesh and others, decided on 10th April, 2013 and the said

judgment, in turn, stands implemented by the respondents. This is a

matter, which is required to be considered by the employer.

3. Accordingly, the present petition is disposed of with a

direction to respondent No.2 to consider and decide the case of the

petitioner in light of the averments made in this petition and, more

particularly, the judgment rendered in Arpana Bali's case, which stands

implemented. Needful be done within four weeks and in case the

.

petitioner is similarly situated to Arpana Bali's case, then consequential

action be taken within two weeks.

4. The petition stands disposed of in the aforesaid terms, so

also the pending application(s), if any.

For compliance, to come up on 04.05.2022.

                        r           to                          (Sabina)
                                                                 Judge


                                                            (Satyen Vaidya)
                                                                 Judge


    March 21, 2022
           (ps/vh)