Between vs State Of H.P. & Others
2022 Latest Caselaw 3802 HP

  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. 3278 OF 2022





         Between:-
         SH. RAKESH KUMAR
         SON OF SH. CHAUDHARY RAM,

         RESIDENT OF VILLAG DHANGER,
         P.O. AND TEHSIL GHUMARWIN,

         DISTT. BILASPUR, H.P. EX HOME GUARD
         5TH BATTALION, BILASPUR DISTT.
         BILASPUR, H.P. AGE 40 YEARS.
                                           ....PETITIONER



         (BY MS. BABITA, ADVOCATE ON BEHALF
         OF 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 5th BATTALION,
         BILASPUR, DISTT. BILASPUR, H.P.

                                                  ..RESPONDENTS
        (BY     MR.     ASHWANI        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

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 )
                                            Acting Chief Justice



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