Between vs State Of H.P. &
2022 Latest Caselaw 8515 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                  ON THE 14th DAY OF OCTOBER, 2022
                                  BEFORE
                     HON'BLE MS. JUSTICE SABINA




                                                            .
                                  JUDGE





                                    &
                 HON'BLE MR. JUSTICE SATYEN VAIDYA





              CIVIL WRIT PETITION Nos. 7162 & 7173 2022
    1.     CWP No. 7162 of 2022
    Between:-





    GIAN CHAND, S/O SHRI MEENA RAM,
    R/O VILLAGE CHHACHI, POST OFFICE
    HARIPUR,    TEHSIL   KANDAGHAT,
    DISTRICT     SOLAN,     HIMACHAL
    PRADESH, AGE ABOUT 34 YEARS.


                                                        ....PETITIONER

    (SH. PARESH SHARMA, ADVOCATE)


           AND

    1.     STATE OF HIMACHAL PRADESH
           THROUGH      THE    PRINCIPAL




           SECRETARY,   (HOME)  TO  THE
           GOVT. OF HIMACHAL PRADESH.





    2.     THE COMMANDANT GENERAL
           HOME GUARDS SHIMLA, DISTRICT





           SHIMLA, HIMACHAL PRADESH.

    3.     THE COMMANDANT, HOME GUARDS,
           11TH BATALION, SOLAN, DISTRICT
           SOLAN, HIMACHAL PRADESH.
                                                          ..RESPONDENTS

           (SH. ANIL      JASWAL,       ADDITIONAL                 ADVOCATE
           GENERAL)

    2.     CWP No. 7173 of 2022




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    Between:-
    NANAK CHAND, S/O SHRI TULA RAM,
    R/O VILLAGE KANGHTI, POST OFFICE
    DELGI, TEHSIL KANGADHAT, DISTRICT
    SOLAN,     HIMACHAL     PRADESH,




                                                          .
    PRESENTLY RESIDING AT VILLAGE





    KHEEL    BARSER,   POST    OFFICE
    KUMARHATTI, TEHSIL & DISTRICT
    SOLAN, HIMACHAL PRADESH, AGED
    ABOUT 49 YEARS.





                                                      ....PETITIONER

    (SH. PARESH SHARMA, ADVOCATE)





         AND

    1.   STATE OF HIMACHAL PRADESH
         THROUGH      THE    PRINCIPAL
         SECRETARY
                   r  HOME   TO    THE

         GOVERNMENT     OF   HIMACHAL
         PRADESH AT SHIMLA, DISTRICT
         SHIMLA, HIMACHAL PRADESH.


    2.   THE COMMANDANT GENERAL
         HOME GUARDS SHIMLA, DISTRICT
         SHIMLA, HIMACHAL PRADESH.




    3.   THE COMMANDANT, HOME GUARDS,
         11TH BATTALION, SOLAN DISTRICT





         SOLAN, HIMACHAL PRADESH.
                                                        ..RESPONDENTS





          (SH.   ANIL     JASWAL,     ADDITIONAL       ADVOCATE
          GENERAL).
    ____________________________________________________________

         These petitions coming on for orders this day, Hon'ble

    Ms. Justice Sabina, passed the following:-



                '




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               ORDER

Learned counsel for the petitioners 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 as Inder Singh versus State of H.P. &

others, decided on 05.01.2021. This is a 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 petitions are

disposed of with a direction to the respondents to consider the

case of the petitioners in light of the aforementioned judgment,

rendered by a Coordinate Bench of this Court in Inder Singh's

case (supra).

3. The petitions stand disposed of in the aforesaid

terms, so also the pending application(s), if any.

                                                           (Sabina)
                                                            Judge



                                                     (Satyen Vaidya)
    14th October, 2022                                   Judge
          (kck)