Gsss Baroti vs The State Of Himachal Pradesh And ...
2022 Latest Caselaw 3585 HP

  IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 19th DAY OF MAY, 2022




                                                             .
                              BEFORE





                     HON'BLE MS. JUSTICE SABINA
                                 &





              HON'BLE MR. JUSTICE SATYEN VAIDYA
             CIVIL WRIT PETITION No. 3110 OF 2022
         Between:-





         NEK RAM
         S/O SH. SHER SINGH
         AGED 53 YEARS,
         R/O VILLAGE JHERARA PO PHED,

         TEHSIL SARKAGHAT, DISTT. MANDI, H.P.
         PRESENTLY WORKING AS LECT. IN ENGLISH

         GSSS BAROTI, DISTT. MANDI, H.P.
                                              ....PETITIONER

         (BY MR. NIMISH GUPTA, ADVOCATE)



          AND

    1.    STATE OF HIMACHAL PRADESH




          THROUGH PRINCIPAL SECRETARY (EDUCATION),
          TO THE GOVERNMENT OF HIMACHAL PRADESH,





          SHIMLA-171002.

    2.    DIRECTOR OF HIGHER EDUCATION,





          HIMACHAL PRADESH,
          SHIMLA-1.

    3.    DEPUTY DIRECTOR HIGHER EDUCATION
          MANDI, DISTT. MANDI, HP.
                                        ..RESPONDENTS

        (MR. RANJAN 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. Ranjan 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.

.

                                                     ( Sabina )





                                                       Judge


    May 19, 2022                              ( Satyen Vaidya )
         (naveen)                                   Judge


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