Asha vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 15101 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                    Civil Writ Petition No. 7117 of 2023
                                            Date of Decision: 29.9.2023
    _____________________________________________________________________





    Asha
                                                                  .........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. Mukul Sood, Advocate.

    For the respondents:     Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
                             B.C. Verma, Additional Advocates General
                             with Mr. Ravi Chauhan, Deputy Advocates


                             General, for the State.
    ___________________________________________________________________________
    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 21.4.2010, passed by a

Coordinate Bench of this Court in CWP(T) No.5253 of 2008, titled

Narain Singh v. State of Himachal Pradesh and Ors (Annexure P-

5), further upheld by the Division Bench of this Court vide judgment

dated 1.9.2015 passed in LPA No. 146 of 2010 alongwith connected

matters, titled State of Himachal Pradesh and others v. Narain

Singh (Annexure P-7). Learned Additional Advocate General is not

.

averse to the aforesaid innocuous prayer made by the petitioner.

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 petitioner in light of the aforesaid judgments.

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 aforesaid judgments, expeditiously,

preferably, within four weeks. In case, petitioner is found to be

similarly situate to the petitioner in the aforesaid judgments, she

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 petitioner and pass detailed

speaking order thereupon. Liberty is reserved to the petitioner to file

appropriate proceedings before appropriate court of law, if she still

remains aggrieved. All pending applications stand disposed of.

    September 29, 2023                                     (Sandeep Sharma),
    manjit                                                     Judge