Som Raj vs H.P. State Electricity Board ...
2022 Latest Caselaw 3009 HP

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         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE   10th DAY OF MAY, 2022

                             BEFORE




                                                             .
             HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                 &





          HON'BLE MR.JUSTICE CHANDER BHUSAN BAROWALIA

                 CIVIL WRIT PETITION NO. 2527 OF 2022

  Between:





     1. SOM RAJ S/O RAM SARAN, R/O VILLAGE & POST OFFICE DUGHLI,
     TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P., PRESENTLY
     WORKING AS JUNIOR OFFICE ASSISTANT IN THE OFFICE OF
     MEDICAL SUPERINTENDENT, DR. RKGMC, HAMIRPUR, H.P.


     2. SANDESH KUMAR S/O SHRI KUSHAL BALDEV, R/O VILLAGE
     BHURAMNI, POST OFFICE & DISTRICT HAMIRPUR, H.P. PRESENTLY
     WORKING AS JUNIOR OFFICE ASSISTANT IN THE OFFICE OF
     MEDICAL SUPERINTENDENT, DR. RKGMC, HAMIRPUR, H.P.



                                            ...PETITIONERS




     (BY MR. NARESH K. SHARMA, ADVOCATE)

   AND





1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (HEALTH) TO
THE GOVT. OF H.P., SHIMLA.





2. THE DIRECTOR OF HEALTH SERVICES OF HIMACHAL PRADESH, SHIMLA­
171009.

                                              ...RESPONDENTS




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    (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)


                This petition coming on for admission this day, the Court




                                                                  .
    passed the following:





                ORDER

Notice. Mr. Ajay Vaidya, learned Senior Additional

Advocate General appears and waives service of notice on behalf of

respondents­State.

2.

Learned counsel for the petitioner states that the issue in

question is squarely covered by a judgment rendered by a Division

Bench of this Court in CWP No. 4654 of 2013, titled as "Avtar Singh

Dyal vs. H.P. State Electricity Board Ltd." decided on 26.11.2014

and the respondents be directed to consider the case of the petitioner

in light of the aforesaid judgment. The prayer being innocuous is

allowed.

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

direction to the respondents to consider and decide the case of the

petitioner in light of the judgment rendered by this Court in Avtar

Singh Dyal's case (supra) and in case the same is covered, then same

and similar benefits be extended to the petitioner. However, before

parting, we make it clear that we have not observed anything on the

merits of the case.

4. Pending application(s), if any, also stand disposed of.

.

5. For compliance to come up on 25.7.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge May 10, 2022 Kalpana