Between vs Pradesh And Others
2022 Latest Caselaw 8888 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                  ON THE 31st DAY OF OCTOBER, 2022
                               BEFORE
                    HON'BLE MS. JUSTICE SABINA




                                                        .
                                  &





             HON'BLE MR. JUSTICE SUSHIL KUKREJA
                  CIVIL WRIT PETITION No.6823 of 2022





      Between:-

      MONIKA D/O SH. BIR CHAND SHARMA,





      WIFE    OF   SH. ANDEEP KUMAR
      SHARMA, RESIDENT OF VILLAGE &
      POST OFFICE BEHIN, TEHSIL DEHRA,
      DISTRICT KANGRA, H.P. PIN CODE
      177103.
               r PRESENTLY WORKING AS

      LECTURER        ECONOMICS     IN
      GOVERNMENT SENIOR SECONDARY
      SCHOOL KAROA, TEHSIL DEHRA,
      DISTRICT KANGRA, H.P.



                                                         ......PETITIONER

      (BY MR. DINESH THAKUR, ADVOCATE)




      AND





       1. STATE OF HIMACHAL PRADESH
          THROUGH     ITS    SECRETARY
          (EDUCATION) H.P. SECRETARIAT,





          SHIMLA-2.

       2. DIRECTOR       OF    HIGHER
          EDUCATION, DIRECTORATE OF
          EDUCATION, SHIMLA-1.

       3. DEPUTY DIRECTOR, HIGHER EDU-
          CATION      KANGRA        AT




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             DHARAMSHALA,                   DISTRICT
             KANGRA, H.P.
                                                          ......RESPONDENTS

         (BY    MR.   ASHWANI    SHARMA,




                                                              .
         ADDITIONAL ADVOCATE GENERAL)





                 This petition coming on for orders 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.

4. The petition stands disposed of in the aforesaid terms, so

also the pending application(s), if any.

.

( Sabina ) Judge

( Sushil Kukreja )

Judge

October 31, 2022 (reena)