Citation : 2023 Latest Caselaw 18278 HP
Judgement Date : 22 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No.9202 of 2023
.
Decided on: 22.11.2023
Priyanka ...Petitioner
Versus
The State of Himachal Pradesh
& others ...Respondents
Coram
of
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
1Whether approved for reporting? No
For the petitioner: Mr. Sandeep Chauhan,
rt Advocate.
For the respondents: Mr. Rupinder Singh and
Pushpender Jaswal, Additional
Advocate Generals, with M/s
Rohit Sharma and Mr. Sumit
Sharma, Deputy Advocate
Generals and Mr. Rajat
Chauhan, Law Officer, for the
respondents-State.
Mr. Dalip K. Sharma, Advocate,
for respondent No.4.
Ms. Suchitra Sen, Advocate for
respondent No. 5.
Ajay Mohan Goel, Judge (Oral)
Notice. Mr. Rajat Chauhan, learned Law Officer and Mr.
Dalip K. Sharma, larned Counsel, accept notice on behalf of
respondents No. 1 to 3 and respondent No. 4, respectively.
2. On the oral request of learned Counsel for the
petitioner, name of respondent No. 5 is deleted from the array of
parties and in its place, Member Secretary, Erstwhile H.P. Staff
Whether reporters of the local papers may be allowed to see the judgment?
Selection Commission, Hamirpur, is impleaded as party-respondent
No. 5. Ms. Suchitra Sen, learned Counsel, accepts notice on behalf
.
of said respondent.
3. Learned counsel for the petitioner submits that the
issue subject matter of this Writ Petition is no more res integra and
the same stands adjudicated upon by the Hon'ble Division Bench of
of this Court in CWP No.4145 of 2022, titled as Rajesh Kumar vs. State
of H.P. & others, decided on 01.09.2022 along with connected rt matters, which judgment has subsequently been followed by the
Hon'ble Division Bench of this Court in CWP No.4090 of 2023, titled
as Sulochna Sharma vs. State of H.P. & others along with connected
matters, decided on 26.06.2023. Accordingly, he submits that
interest of justice would be served in case this petition is disposed of
in terms of the directions that have been passed by Hon'ble Division
Bench of this Court in CWP No.4145 of 2022.
4. Learned counsel for respondent No.4 could not dispute
the fact that the issue subject matter of this petition is akin to the one
decided by Hon'ble Division Bench of this Court, judgment passed
wherein is being relied upon by learned counsel for the petitioner.
5. Therefore, this petition is disposed of with the direction
to the respondents to consider the case of the petitioner in light of
the aforesaid judgment and in case the same is found to be covered,
then same and similar benefits be extended to the petitioner also, by
declaring her result accordingly. Pending miscellaneous
applications, if any, also stand disposed of.
.
(Ajay Mohan Goel) Judge
November 22, 2023
(narender)
of rt
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