Sh. Kamal Kishor And Ors vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 14339 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                    Civil Writ Petition No. 6753 of 2023
                                            Date of Decision: 21.9.2023
    _____________________________________________________________________





    Sh. Kamal Kishor 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. Aman Hansretta, Proxy Counsel.

    For the respondents:      Mr. Yash Pal Dholta, Mr. Rupinder Singh
                             Thakur, Mr. Varun Chandel, Additional
                             Advocates General and Mr. Sumeet Sharma &


                             Mr. Rohit Sharma, Deputy Advocates General
                             with Mr. Rajat Chauhan, Law Officer.
    ___________________________________________________________________________
    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 31.8.2022, passed by the Division Bench of this

Court in CWP No. 342 of 2021, Yashwant Singh and Ors v. State of

Himachal Pradesh and Anr., alongwith connected matters (Annexure

P-2). Learned Additional Advocate General is not averse to the

aforesaid innocuous prayer made by the petitioners.

2. Having perused aforesaid judgment 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 judgment rendered by the Division Bench of this Court

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 Yashwant Singh's case (supra),

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

found to be similarly situate to the respondents in the aforesaid

judgment, 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.

    September 21, 2023                                     (Sandeep Sharma),
    manjit                                                     Judge