Guard vs State Of H.P. & Others
2022 Latest Caselaw 3391 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                     ON THE 13th DAY OF MAY, 2022

                               BEFORE




                                                       .
                     HON'BLE MS. JUSTICE SABINA





                                  &
               HON'BLE MR. JUSTICE SATYEN VAIDYA





               CIVIL WRIT PETITION No.3000 of 2022

         Between:-





         SH. DESH RAJ SON OF SH.
         GORAKH RAM, RESIDENT OF
         VILLAGE       GARAGRAN,     P.O.
         NAGHYAR, TEHSIL KALOL, DISTT.
         BILASPUR,
                  r     H.P. EX.  HOME

         GUARD,        5th    BATTALION,
         BILASPUR, DISTT. BILASPUR,
         H.P., AGE 46 YEARS.
                                                       ......PETITIONER


         (BY MS. BABITA, ADVOCATE ON
         BEHALF OF MR. A.K. GUPTA, ADVOCATE)

         AND




    1.   STATE OF H.P. THROUGH





         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, 5TH BATTALION,
         BILASPUR, DISTT. BILASPUR, H.P.
                                         ......RESPONDENTS

         (BY MR. ASHWANI SHARMA,
         ADDITIONAL ADVOCATE GENERAL)




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                 This petition coming on for admission this day, Hon'ble
    Ms. Justice Sabina, passed the following:

                                  ORDER

.

The learned counsel for the petitioner submits that the

issue, in question, is squarely covered by the judgment rendered by

a Coordinate Bench of this Court in CWP No.3628 of 2020, in case

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, the 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

Coordinate Bench of this Court in Inder Singh's case.

Pending application(s), if any, shall also stand disposed

of.

( Sabina )

Judge

( Satyen Vaidya ) Judge May 13, 2022(ps)