Between vs Pradesh And Others
2022 Latest Caselaw 2575 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 4th DAY OF MAY, 2022

.

BEFORE

HON'BLE MS. JUSTICE SABINA

&

HON'BLE MR. JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITION No.2685 of 2022

1. Between:-

         RESIDENT
                   r          to

RAVI NANDAN AGED ABOUT 51 YEARS SON OF SHRI SOM NATH, OF VILLAGE

BHANGLAN, P.O. DHABOTA, TEHSIL NALAGARH, DISTRICT SOLAN, H.P., PRESENTLY WORKING AS LECTURER IN

POLITICAL SCIENCE AT GOVERNMENT SENIOR SECONDARY SCHOOL RERU,

DISTRICT SOLAN, H.P.

2. PRATAP SINGH AGED ABOUT 53 YEARS SON OF LATE SHRI

KRISHAN LAL, RESIDENT OF VILLAGE & P.O. CHAMDAR, TEHSIL RAMSHAHAR, DISTRICT

SOLAN, H.P., PRESENTLY WORKING AS LECTURER IN COMMERCE AT GOVERNMENT SENIOR SECONDARY SCHOOL DIGGAL, DISTRICT SOLAN, H.P.

3. SUNIL KUMAR AGED ABOUT 52 YEARS SON OF SHRI MOHAR SINGH, RESIDENT OF VILLAGE BHANGLAN, P.O. DABHOTA, TEHSIL NALAGARH, DISTRICT SOLAN, H.P., PRESENTLY WORKING AS LECTURER IN HINDI AT GOVERNMENT SENIOR

SECONDARY SCHOOL KUNADLU, DISTRICT SOLAN, H.P.

4. NEELAM KUMARI AGED ABOUT 52 YEARS WIFE OF SHRI

.

ASHWANI BHARDWAJ, RESIDENT

OF WARD NO. 4, MOHALLA MEHTIAN DA NALAGARH, TEHSIL NALAGARH, DISTRICT SOLAN,

H.P., PRESENTLY WORKING AS LECTURERIN HISTORY AT GOVERNMENT SENIOR SECONDARY SCHOOL (GIRLS) NALAGARH, DISTRICT SOLAN,

H.P.

5. NIRMALA DEVI AGED ABOUT 52 YEARS DAUGHTER OF SHRI MAJALSHI RAM, RESIDENT OF

VILLAGE & P.O. KATHINA, TEHSIL BARSAR, DISTRICT HAMIRPUR,

H.P., PRESENTLY WORKING AS LECTURER IN ENGLISH AT GOVERNMENT SENIOR SECONDARY SCHOOL RATWARI,

DISTRICT SOLAN, H.P.

6. BHAGVATI DEVI AGED 49 YEARS DAUGHTER OF SHRI DEV PRAG WIFE OF SHRI ARUN KUMAR,

RESIDENT OF VILLAGE SHAHPUR, P.O. LODHI MAJRA,

TEHSIL BADDI, DISTRICT SOLAN, H.P., PRESENTLY WORKING AS LECTURER IN HINDI AT

GOVERNMENT SENIOR SECONDARY SCHOOL MAJHOLI, DISTRICT SOLAN, H.P.

7. ASHOK KUMAR CHADDHA AGED 50 YEARS SON OF SHRI PREM LAL CHADDHA, RESIDENT OF VILLAGE & P.O. SER, TEHSIL JHANDUTTA, DISTRICT BILASPUR, H.P., PRESENTLY WORKING AS LECTURER IN COMMERCE AT GOVERNMENT SENIOR SECONDARY SCHOOL

GANDHIR, DISTRICT BILASPUR, H.P.

8. THAKUR SAIN AGED 56 YEARS SON OF LATE SHRI GIAN CHAND,

.

RESIDENT OF VILLAGE

KARCHHARI, POST OFFICE SHARONTHA, DISTRICT SHIMLA, H.P., PRESENTLY WORKING AS

LECTURER IN POLITICAL SCIENCE AT GOVERNMENT SENIOR SECONDARY SCHOOL PARWANOO, DISTRICT SOLAN, H.P.

9. RAVINDER KUMAR VERMA AGED 49 YEARS SON OF SHRI L.D. VERMA, RESIDENT OF VILLAGE HURANG, P.O. KANDA, TEHSIL

KASAULI, DISTRICT SOLAN, H.P., PRESENTLY WORKING AS

LECTURER IN HISTORY AT GOVERNMENT SENIOR SECONDARY SCHOOL KASAULI, DISTRICT SOLAN, H.P.

10. KISHORI LAL SHARMA AGED ABOUT 50 YEARS SON OF SHRI SHIV RAM, RESIDENT OF VILLAGE NIUN, P.O. NALTI, TEHSIL

GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY

WORKING AS LECTURER IN HISTORY IN GOVERNMENT SENIOR SECONDARY SCHOOL

SAMAILA, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P.

11. KANGRU RAM AGED ABOUT 52 YEARS SON OF SHRI NAND LAL, RESIDENT OF VILLAGE SOUTTA, P.O. NAGROTA GAZIAN, TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P, PRESENTLY WORKING AS LECTURER IN POLITICAL SCIENCE AT GOVERNMENT SENIOR SECONDARY SCHOOL TAL, TEHSIL & DISTRICT HAMIRPUR, H.P.

12. YASHPAL RAJTA AGED ABOUT 52 YEARS SON OF LATE SHRI RATTAN SINGH, RESIDENT OF VILLAGE TAPROG, P.O. KHUNNI,

.

TEHSIL NANKHARI, DISTRICT

SHIMLA, H.P., PRESENTLY WORKING AS LECTURER IN POLITICAL SCIENCE AT

GOVERNMENT SENIOR SECONDARY SCHOOL KHUNNI, P.O. KHUNNI, TEHSIL NANKHARI, DISTRICT SHIMLA, H.P.

13. RAM LAL SHARMA AGED ABOUT

54 YEARS SON OF LATE SHRI BIDYA SAGAR SHARMA, RESIDENT OF VILLAGE PEOTHA, P.O. SHALAGHAT, TEHSIL ARKI, DISTRICT r SOLAN, H.P., PRESENTLY WORKING AS

LECTURER IN POLITICAL SCIENCE AT GOVERNMENT SENIOR SECONDARY SCHOOL BAKHALAG, TEHSIL ARKI,

DISTRICT SOLAN, H.P.

14. RAJESH KUMAR AGED 50 YEARS SON OF SHRI DINA NATH, RESIDENT OF VILLAGE

BHARTHWAN, P.O. BAHANWIN, TEHSIL BHORANJ, DISTRICT

HAMIRPUR, H.P., PRESENTLY WORKING AS LECTURER IN ENGLISH AT GOVERNMENT

SENIOR SECONDARY SCHOOL DARBIAR, TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P.

15. SANTOSH KUMARI AGED 50 YEARS DAUGHTER OF SHRI JAGDISH CHAND SHARMA & WIFE OF SHRI ASHOK SHARMA, RESIDENT OF VILLAGE MASERARU, P.O. DIDWIN, DISTRICT HAMIRPUR, H.P., PRESENTLY WORKING AS LECTURER IN HINDI AT GOVERNMENT SENIOR

SECONDARY SCHOOL TAL, DISTRICT HAMIRPUR, H.P.

16. LEKH RAJ SHARMA AGED 50 YEARS SON OF SHRI AMAR NATH

.

SHARMA, RESIDENT OF VILLAGE

MIHARA, P.O. MARHANA, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY

WORKING AS LECTURER IN POLITICAL SCIENCE AT GOVERNMENT SENIOR SECONDARY SCHOOL MALOH, TEHSIL SUNDER NAGAR,

DISTRICT MANDI, H.P.

17. BIMLA DEVI AGED 53 YEARS WIFE OF SHRI VED PRAKASH, RESIDENT OF VILLAGE MASLAN,

TEHSIL KUMARSAIN, DISTRICT SHIMLA, H.P., PRESENTLY

WORKING AS LECTURER IN HINDI AT GOVERNMENT SENIOR SECONDARY SCHOOL KHANETI SADHOCH, DISTRICT SHIMLA, H.P.

18. KRISHNA KANWER AGED 60 YEARS WIFE OF SHRI KULDEEP SINGH KANWER, RESIDENT OF VILLAGE MOHANPUR, P.O.

KIARKOTI, TEHSIL & DISTRICT SHIMLA, H.P., RETIRED

LECTURER IN HINDI FROM GOVERNMENT SENIOR SECONDARY SCHOOL KUFRI,

DISTRICT SHIMLA, H.P.

19. SAJIDA BEGAM AGED 52 YEARS, DAUGHTER OF SHRI ABDUL SHAKUR, RESIDENT OF VILLAGE KANSHIPUR, P.O. NIHAN GARH, DISTRICT SIRMOUR, H.P., PRESENTLY WORKING AS LECTURER IN POLITICAL SCIENCE IN GOVERNMENT SENIOR SECONDARY SCHOOL TOKA-NAGLA, DISTRICT SIRMOUR, H.P.

20. SAROJ BALA GUPTA AGED ABOUT 57 YEARS WIFE OF SHRI GURMOHAN DASS, RESIDENT OF VILLAGE & P.O. SARAHAN,

.

TEHSIL PACHHAD, DISTRICT

SIRMOUR, H.P., PRESENTLY WORKING AS LECTURER IN HISTORY AT GOVERNMENT

SENIOR SECONDARY SCHOOL KANGER DHARYAR, P.O. BAG PASHOG, TEHSIL PACHHAD, DISTRICT SIRMOUR, H.P.

21. DEV DUTT SAINI AGED 56 YEARS

SON OF SHRI PREM SINGH SAINI, RESIDENT OF NEAR GM RESIDENCE BANOG, NAHAN, DISTRICT SIRMOUR, H.P., PRESENTLY r WORKING AS LECTURER IN COMMERCE AT

GOVERNMENT GIRLS SENIOR SECONDARY SCHOOL NAHAN, DISTRICT SIRMOUR, H.P.

22. PRAKASH CHAND AGED 56

YEARS SON OF SHRI MOHAR SINGH, RESIDENT OF VILLAGE DEHLWIN, P.O. GAHAR, TEHSIL GHUMARWIN, DISTRICT

BILASPUR, H.P., PRESENTLY WORKING AS LECTURER IN

POLITICAL SCIENCE AT GOVERNMENT SENIOR SECONDARY SCHOOL SALAON,

DISTRICT BILASPUR, H.P.

23. BRIJ LAL THAKUR AGED 51 YEARS SON OF SHRI JAWAHAR LAL, RESIDENT OF VILLAGE DIGANI, P.O. SHARVI, TEHSIL NIRMAND, DISTRICT KULLU, H.P., PRESENTLY WORKING AS LECTURER IN ENGLISH AT GOVERNMENT SENIOR SECONDARY SCHOOL DUTTNAGAR, DISTRICT SHIMLA, H.P.

24. BALAK RAM VERMA AGED 58 YEARS SON OF SHRI DAULAT RAM VERMA, RESIDENT OF VILLAGE DHAR, P.O. CHANAIR

.

(BALSON), TEHSIL THEOG,

DISTRICT SHIMLA, H.P., RETIRED LECTURER IN HISTORY FROM GOVERNMENT SENIOR

SECONDARY SCHOOL DHAR TARPUNOO, P.O. CHANAIR, TEHSIL THEOG, DISTRICT SHIMLA, H.P.

                                                                ....PETITIONER


          ADVOCATE)

          AND
                      r          to

(BY MR. SURINDER PARKASH SHARMA,

1. STATE OF H.P. THROUGH ITS SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA 171002.

2. DIRECTOR OF HIGHER EDUCATION, HIMACHAL PRADESH, LALPANI, SHIMLA- 171003.

....RESPONDENTS

(MR. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERAL)

This petition coming on for admission 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 petitioners 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

petitioners 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

petitioners are similarly situated to Arpana Bali's case, then

consequential action be taken within two weeks.

(Sabina) Judge

(Satyen Vaidya) Judge May 04, 2022(ps/vh)