Cadre At Gsss Nandpur vs The State Of Himachal Pradesh And ...
2022 Latest Caselaw 1526 HP

  IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE 30th DAY OF MARCH, 2022




                                                             .
                            BEFORE





                HON'BLE MS. JUSTICE SABINA
                                &





            HON'BLE MR. JUSTICE SATYEN VAIDYA
            CIVIL WRIT PETITION No. 1590 OF 2022

         Between:-





         ARTI DEVI
         W/O SH. NARESH SHARMA
         RESIDENT OF VILLAGE & P.O. KOTKHAI,

         TEHSIL SHIMLA, DISTRICT SHIMLA (H.P.)
         PRESENTLY WORKING AS LECT. SCHOOL

         CADRE AT GSSS NANDPUR, TEHSIL JUBBAL
         DISTRICT SHIMLA.

                                                      ....PETITIONER



         (BY MR. SUSHANTVIR SINGH THAKUR, ADVOCATE)




         AND





    1.   STATE OF H.P THROUGH SECRETARY
         EDUCATION TO THE GOVERNMENT OF
         HIMACHAL PRADESH AT SHIMLA-2.





    2.   DIRECTOR HIGHER EDUCATION
         TO THE STATE OF HIMACHAL
         PRADESH AT LALPANI SHIMLA-1.

                                                    ..RESPONDENTS

        (MR. ASHWANI SHARMA, ADDITIONAL
        ADVOCATE GENERAL)
__________________________________________________________________




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

    Justice Sabina, passed the following:-




                                                               .

                         ORDER

Notice. Mr. Ashwani 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 19.05.2022.

                                                     ( Sabina )
                                                       Judge


    March 30, 2022                            ( Satyen Vaidya )





         (naveen)                                   Judge