____________________________________________________________ vs State Of H.P. & Anr
2023 Latest Caselaw 125 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 7404 of 2022

.

Date of Decision : 3.1.2023

____________________________________________________________ Bant Singh & Ors. ....Petitioners.

Versus State of H.P. & Anr. ....Respondents.

Coram THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE

THE HON'BLE MR. JUSTICE VIRENDER SINGH, JUDGE Whether approved for reporting? ________________________________________________________ For the petitioners: Mr. Sahil Verma, Advocate.

For the respondents: Mr. Anoop Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Addl. Advocate General and Mr. J.S. Guleria, Deputy Advocate General.

Tarlok Singh Chauhan (Oral)

The instant petition has been filed for the grant of

following substantive relief: -

"(i) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to deem the petitioners t have been appointed from date prior to

15.5.2003 and grant all the pensionary benefits to the petitioners under CCS (Pension) Rules, 1972 by extending the benefit of judgment of this Hon'ble Court rendered in CWPOA No. 3435/2020 titled as Satish Kumar Vs. State of HP and others with all consequential benefits for all purposes and intents."

2. According to the petitioner the issue in question is

squarely covered by a judgment rendered by this Court in CWP No.

3435 of 2020, titled Satish Kumar and others Vs. State of HP and

another, decided on 27.11.2021 (Annexure P-1). This is a matter,

which is required to be considered by the employer/respondent.

.

3. Accordingly, without going into the merits of the case,

we deem it appropriate to dispose of the instant petition by directing

the respondents to consider and examine the case of the petitioner in

light of the judgment in Satish Kumar (supra) and, in case, the claim

of the petitioner is found to be covered by the said judgment, then

same and similar benefits as granted in Satish Kumar (supra) be also

extended to the petitioner. The entire exercise be completed within a

period of six weeks.

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

also pending miscellaneous applications, if any.

For compliance, to come up on 28.3.2023.

(Tarlok Singh Chauhan)

Judge

(Virender Singh) Judge 3rd January, 2023 (Guleria)