Librarian On Deputation vs State Of H.P. & Another And
2022 Latest Caselaw 8752 HP

                                                       .
       IN   THE     HIGH   COURT OF HIMACHAL            PRADESH,





                              SHIMLA

                  ON THE 21st DAY OF OCTOBER, 2022





                              BEFORE
               HON'BLE MR. JUSTICE AJAY MOHAN GOEL

            CIVIL WRIT PETITION (ORIGINAL APPLICATION)





            No.5135 of 2020
    Between:

    SMT. KUSUM W/O SH. AJAY
    KUMAR,    R/O
                   rM.C.   NEW
    BUILDING, NEAR GMC CLINIC,

    BEHIND GURUDWARA, OLD
    BUS STAND, SHIMLA, DISTT.
    SHIMLA,   H.P.  PRESENTLY
    WORKING    AS    ASSISTANT



    LIBRARIAN ON DEPUTATION
    AT STATE LIBRARY, SHIMLA,
    H.P.




                                                     ....PETITIONER.





    (BY. MR. DUSHYANT DADWAL, ADVOCATE)

    AND





    1. STATE OF HIMACHAL
    PRADESH,      THROUGH
    PRINCIPAL   SECRETARY
    (EDUCATION)  TO   THE
    GOVERNMENT          OF
    HIMACHAL      PRADESH,
    SHIMLA­2.
    2.  THE   DIRECTOR   OF
    EDUCATION,   GOVT.   OF
    HIMACHAL       PRADESH,
    SHIMLA­1.
                                                 ....RESPONDENTS.




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                                                                   .

    (M/S DINESH THAKUR AND SANJEEV SOOD, ADDITIONAL
    ADVOCATE GENERAL)





    Whether approved for reporting?1

          This petition coming on for orders this day, the Court passed the following:





                 JUDGMENT

When this case was taken up for consideration,

Mr. Dushyant Dadwal, learned counsel for the petitioner submits

that the relief being prayed for by the petitioner is now squarely

covered by judgment dated 13.10.2022, passed by the Hon'ble

Coordinate Bench of this Court in CWPOA No.3096 of 2019, titled

Rakesh Kumar & others Versus State of H.P. & another and

connected matters. This is opposed to by the learned Additional

Advocate General.

2. Be that as it may, taking into consideration the

submission of learned counsel for the petitioner, this petition is

disposed of with the direction that the authority concerned, i.e.

respondent No.1, shall construe the contentions which have been

raised by the petitioner in the present petition and if the same are

akin to the one addressed in the judgment of the Hon'ble Coordinate

Bench, which has been relied upon by learned counsel for the

petitioner, then similar relief be granted to the petitioner also, in

.

case she is found to be similarly situated as the petitioner in the

case being relied upon. This, of course is subject to legal right of the

State to assail the judgment which has been relied upon as has been

prayed by learned Additional Advocate General. Needful be positively

done within a period of eight weeks from today. Pending

r to miscellaneous applications, if any, stand disposed of.

(Ajay Mohan Goel)

Judge October 21, 2022 (Rishi)