Shimla vs State Of H.P. & Others
2022 Latest Caselaw 7894 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
            ON THE 19th DAY OF SEPTEMBER, 2022
                            BEFORE




                                                           .
                 HON'BLE MS. JUSTICE SABINA





                               &
           HON'BLE MR. JUSTICE SUSHIL KUKREJA





               CIVIL WRIT PETITION No.6543 of 2022

         Between:-





         RAMESH CHAND, SON OF SH.
         RAMDHAN, RESIDENT OF
         VILLAGE KIURU, P.O. NAVGOAN,
         TEHSIL ARKI, DISTRICT SOLAN,
         H.P. EX. HOME GUARD, 3RD

         BATTALION, SHIMLA, DISTRICT

         SHIMLA, H.P. AGED 47 YEARS.                  ....PETITIONER

         (MS. BABITA CHAUHAN,
         ADVOCATE ON BEHALF OF
         MR. A.K. GUPTA, ADVOCATE)



         AND
    1.   STATE OF HIMACHAL PRADESH




         THROUGH THE PRINCIPAL
         SECRETARY (HOME) WITH





         HEADQUARTERS AT SHIMLA,
         H.P.
    2.   THE COMMANDANT GENERAL





         (HOME GUARDS) WITH
         HEADQUARTERS AT SHIMLA,
         H.P.
    3.   THE COMMANDANT,
         3RD BATTALION, SHIMLA,
         DISTRICT SHIMLA, H.P.                   ....RESPONDENTS

         (BY MR. ASHWANI SHARMA,
         ADDITIONAL ADVOCATE
         GENERAL)
    ________________________________________________________




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                      This Civil Writ 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 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. to 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 light of the aforementioned judgment rendered by a Coordinate

Bench of this Court in Inder Singh's case (supra).

3. Pending miscellaneous application(s), if any, shall also

stand disposed of.

                                                                  ( Sabina )
                                                                    Judge




                                                             ( Sushil Kukreja )
    September 19, 2022                                            Judge
         (Yashwant)