School (Girls) vs The State Of Himachal Pradesh
2022 Latest Caselaw 3799 HP

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     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                     ON THE 25th DAY OF MAY, 2022




                                                          .
                               BEFORE





                     HON'BLE MS. JUSTICE SABINA,
                        ACTING CHIEF JUSTICE





                                  &

               HON'BLE MR. JUSTICE SATYEN VAIDYA





                CIVIL WRIT PETITION No.3287 of 2022

         Between:-

         SH. DIRGHAYU PRASAD, S/O SH.

         RADHA KRISHAN, AGED 55
         YEARS, R/O HOUSE NO.48, WARD
         NO.9, DEVI NAGAR, TEHSIL
         PAONTA     SAHIB,     DISTRICT


         SIRMOUR, HIMACHAL PRADESH
         PRESENTLY      WORKING      AS
         PRINCIPAL   AT   GOVERNMENT
         MODEL SENIOR      SECONDARY




         SCHOOL (GIRLS), TEHSIL PAONTA
         SAHIB,   DISTRICT    SIRMOUR,





         HIMACHAL PRADESH.
                                                         ....PETITIONER
         (BY MR. ONKAR JAIRATH, ADVOCATE)





         AND

    1.   STATE OF HIMACHAL PRADESH
         THROUGH PRINCIPAL SECRETARY
         (EDUCATION) GOVERNMENT OF
         HIMACHAL PRADESH, SHIMLA.
         171002.
    2.   THE DIRECTOR OF HIGHER
         EDUCATION, LALPANI, SHIMLA
         171001, HIMACHAL PRADESH.
                                                    ....RESPONDENTS
         (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

.

Notice. Mr. Ashwani 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.

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

                                                              (Sabina)
                                                        Acting Chief Justice


                                                             (Satyen Vaidya)
    May 25, 2022(ps)                                              Judge