Dharam Chand vs State Of H.P & Ors
2023 Latest Caselaw 10303 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4690/2023 Date of Decision: 26th July, 2023.

.

      Dharam Chand                                               .....Petitioner.





                                         Versus

      State of H.P & ors.                                        .....Respondents.





      Coram

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner: Mr. A.K. Gupta, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General with Mr. Varun Chandel, Addl. AG.

Jyotsna Rewal Dua, Judge

Learned counsel for the petitioner submitted that the

petitioner was to retire at the age of 60 years, however, the respondents

retired him at the age of 58 years. Learned counsel further submitted that

the case of the petitioner is squarely covered by the judgment passed in

CWP No.2711/2017 (Baldev Vs. State of H.P. & Ors) decided on

22.02.2022. That the reliefs prayed for by the petitioner in this petition

would flow to him in terms of the judgment passed in Baldev's case

(supra). Learned counsel also submitted that the petitioner would be

content, in case, respondent No.2/competent authority is directed to

examine and decide the case of the petitioner afresh, in light of the law

laid down in the aforesaid judgment, in a time bound manner.

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Prayer is not opposed by learned Deputy Advocate General.

In view of the stand taken by learned counsel for the parties,

but without going into the merits of the case, the instant writ petition is

.

disposed of by directing respondent No.2/competent authority to consider

and decide the case of the petitioner afresh, in accordance with law and in

light of the aforesaid judgment within a period of six weeks by passing a

reasoned order, which shall be communicated to the petitioner. Pending

miscellaneous application(s), if any, shall also stand disposed of

Jyotsna Rewal Dua r Judge

26th July, 2023 (CS)