Home Guard vs State Of H.P. & Others
2022 Latest Caselaw 9243 HP

                                 1




     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 11TH DAY OF NOVEMBER, 2022




                                                        .
                              BEFORE





                     HON'BLE MS. JUSTICE SABINA





                                 &

               HON'BLE MR. JUSTICE SUSHIL KUKREJA
                CIVIL WRIT PETITION No.7830 of 2022





         Between:-

         SH. RAJPAL SON OF SH. RAM
         DASS, RESIDENT OF VILLAGE

         SAKRED, P.O. NAMHOL, TEHSIL
         AND DISTT. BILASPUR, H.P. EX.

         HOME GUARD, 5th BATTALION,
         BILASPUR, DISTT. BILASPUR, H.P.
         AGE 49 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
                          th
         GUARDS         5     BATTALION
         BILASPUR, DISTT. BILASPUR, H.P.
                                                  ....RESPONDENTS

         (BY MR. GAURAV SHARMA,
         DEPUTY ADVOCATE GENERAL)




                                       ::: Downloaded on - 11/11/2022 20:36:11 :::CIS
                                         2




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




                                                                 .
                              ORDER

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

(Sushil Kukreja) Judge November 11, 2022(ps)