Virender And Ors vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 14428 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                    Civil Writ Petition No. 6793 of 2023
                                            Date of Decision: 22.9.2023
    _____________________________________________________________________





    Virender 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. R.L. Chaudhary, Advocate.
    For the respondents: Mr. Yash Pal Dholta, Mr. Rupinder Singh
                     r    Thakur, Mr. Varun Chandel, Additional
                          Advocates General and Mr. Sumeet Sharma &

                          Mr. Rohit Sharma, Deputy Advocates General
                          with Mr. Rajat Chauhan, Law Officer, for the
                          State.


    ___________________________________________________________________________
    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 26.4.2023, passed by a Coordinate Bench of this

Court in CWP No. 2050 of 2021, titled Ajay Kumar and Ors. v. State

of Himachal Pradesh and Ors. (Annexure P-4). 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 Coordinate 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 Ajay Kumar'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 22, 2023                                     (Sandeep Sharma),
    manjit                                                     Judge