Sushma vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 14430 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                    Civil Writ Petition No. 6781 of 2023
                                            Date of Decision: 22.9.2023
    _____________________________________________________________________





    Sushma
                                                                  .........Petitioner
                                     Versus
    State of Himachal Pradesh and Ors.
                                                               .......Respondents





    Coram
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?
    For the Petitioner:   Mr. Ashok Chaudhary, Advocate.
    For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
                     r    B.C. Verma, Additional Advocates General
                          with Mr. Ravi Chauhan, Deputy Advocates

                          General.
    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

Learned counsel for the petitioner states that his client

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

petition is considered and decided by the respondents/competent

authority in terms of judgment dated 29.6.2022, passed by the

coordinate Bench of this Court in CWP No. 7661 of 2019, Pushap Raj

Khimta and Ors v. State of Himachal Pradesh and Ors. (Annexure

P-3). Learned Additional Advocate General is not averse to the

aforesaid innocuous prayer made by the petitioner.

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 petitioner 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 petitioner in light of Pushap Raj's case (supra),

expeditiously, preferably, within four weeks. In case, petitioner is

found to be similarly situate to the petitioners in the aforesaid

judgment, she would also 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 petitioner

and pass detailed speaking order thereupon. However, liberty is

granted to the petitioner to file appropriate proceedings before

appropriate court of law, if she still remains aggrieved. All pending

applications stand disposed of.

    September 22, 2023                                      (Sandeep Sharma),
    manjit                                                      Judge