Age 49 Years vs State
2022 Latest Caselaw 2631 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                         ON THE 5TH DAY OF MAY 2022

                                      BEFORE

         HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE




                                                                    .

                                            &

                  HON'BLE MR. JUSTICE SANDEEP SHARMA





                    CIVIL WRIT PETITION NO. 2726 OF 2022

    Between:-

    SH. OM DUTT





    SON OF SH. JAGAT RAM,
    RESIDENT OF VILLAGE PRADUNI,
    P.O. GIRINAGAR, TEHSIL PAONTA SAHIB,
    DIST. SIRMOUR, H.P.
    EX. HOME GUARD,

    3RD BATTALION, SHIMLA,
    DISTT. SHIMLA, H.P.

    AGE 49 YEARS
                                                                   .. PETITIONER
    (BY MR. A.K. GUPTA, ADVOCATE)

    AND



    1.     STATE OF H.P.
           THROUGH THE PRINCIPAL SECRETARY (HOME)
           WITH HEADQUARTERS AT SHIMLA-2, H.P.




    2.     THE COMMANDANT GENERAL





           (HOME GUARDS)
           WITH HEADQUARTERS AT SHIMLA,
           H.P.





    3.     THE COMMANDANT, HOME GUARDS
           3RD BATTALION, SHIMLA,
           H.P.
                                                                RESPONDENTS
    (MR. ASHOK SHARMA, ADVOCATE GENERAL
    WITH MR. VIKAS RATHORE,
    ADDITIONAL ADVOCATE GENERAL)


                  This petition coming on for orders this day, Hon'ble Mr. Justice
    Mohammad Rafiq, passed the following:




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                            ORDER

Learned counsel for the petitioner submits that the issue in

question is squarely covered by the judgment rendered by a Co-ordinate

.

Bench of this Court in CWP No.3628 of 2020, titled Inder Singh vs. State

of H.P. & others, decided on 05.01.2021. This is the matter, which is

required to be examined by the respondents.

2. Having regard to the limited submissions and without going into the

merits of the case, this writ petition is disposed of with a direction to the

respondents to consider the case of the petitioner in the light of the

aforementioned judgment rendered by a Co-ordinate Bench of this Court

in Inder Singh's case and pass appropriate order on his representation

within two months from the date the same is submitted before them.

3. Pending miscellaneous application(s), if any, shall also stand

disposed of.

(Mohammad Rafiq)

Chief Justice

(Sandeep Sharma) Judge May 5, 2022 (Vikrant)