Manju Bhardwaj And Ors vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 16908 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                     Civil Writ Petition No.2883 of 2021
                                           Date of Decision: 19.10.2023
    _____________________________________________________________________





    Manju Bhardwaj and Ors.
                                                                .........Petitioners
                                     Versus
    State of Himachal Pradesh and Ors.
                                                               .......Respondents





    Coram

    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the Petitioners:      Mr. Vikas Rajput, Advocate.

    For the respondents: Mr. Anup Rattan, Advocate General with Mr.
                         Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.
                         Verma, Additional Advocates General with Ms.


                         Sunaina and Mr. Ravi Chauhan, Deputy
                         Advocates General, for the respondents/State.

                             Mr. Rangil Singh, Advocate, for respondent




                             No.4
    ___________________________________________________________________________





    Sandeep Sharma, J. (Oral)

Learned counsel for the petitioners states that his clients

would be content and satisfied in case prayer made in the instant

petition is considered and decided by the competent authority in terms

of judgment dated 7.8.2023, passed by the Hon'ble Apex Court in SLP

(Civil) No. 10399 of 2020, titled as State of Himachal Pradesh and

another v. Sheela Devi and judgment dated 16.9.2023, passed by

coordinate Bench of this Court in CWPOA No. 844 of 2019, titled as

Hem Raj Sharma v. State of Himachal Pradesh and others

.

alongwith connected matters. Learned counsel for the respondents are

not averse to the aforesaid innocuous prayer made by the petitioners.

2. Having perused aforesaid judgments sought to be relied

upon vis-à-vis issue raised in the petition at hand, this Court finds

that issue raised in the instant petition already stands adjudicated in

the aforesaid judgments and as such, no prejudice would be caused to

either of the parties in case respondents are directed to consider and

decide case of the petitioners in light of the aforesaid judgment.

3. Consequently, in view of the above, present petition is

disposed of with direction to the respondents to consider and decide

case of the petitioners in light of Sheela Devi and Hem Raj (supra),

expeditiously, preferably, within four weeks. In case, petitioners are

found to be similarly situate to the respondent/petitioners in the

aforesaid judgments, they would be extended similar benefits.

Needless to say, authority concerned while doing the needful in terms

of the instant order shall afford an opportunity of hearing to the

petitioners and pass detailed speaking order thereupon. However,

liberty is granted to the petitioners to file appropriate proceedings

before appropriate court of law, if they still remain aggrieved. All

pending applications stand disposed of.

    October 19, 2023                               (Sandeep Sharma),
    manjit                                                  Judge