Himachal Pradesh High Court
Sh. Kulbir Singh vs The State Of Himachal Pradesh And Others on 5 March, 2022
Bench: Sabina, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF MARCH, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 1193 OF 2022
Between:-
1. SH. KULBIR SINGH
S/O SH. RAM SINGH
R/O VILLAGE BHAMOLI P.O. CHHATTAR
& TEHSIL FATEHPUR DISTRICT KANGRA
H.P. AGED ABOUT 53 YEARS LECTURER
(HISTORY) PRESENTLY POSTED AS CRC
GMSSS REHAN DISTRICT KANGRA, H.P.
2. SH. KAMAL SINGH PATHANIA
S/O SH. RANGIL SINGH PATHANIA
R/O VILLAGE & PO RAJA KHASA
TEHSIL INDORA DISTRICT SHIMLA
H.P. AGED ABOUT 57 YEARS
PRESENTLY POSTED AS LECTURER
IN POLITICAL SCIENCE, GOVERNMENT
SR. SEC. SCHOOL, GHORAN,
DISTRICT KANGRA, H.P.
3. SH. NIRMAL KUMAR THAKUR
S/O SH. MANGAL SINGH
R/O VILLAGE & P.O. SANDHOLE
TEHSIL SANDHOLE DISTRICT
MANDI, H.P. AGED ABOUT 53 YEARS
PRESENTLY POSTED AS LECTURER
(COMMERCE) IN GOVERNMENT MODEL
SR. SEC. SCHOOL, SANDHOLE,
DISTRICT MANDI, H.P.
4. SH. JATINDER KUMAR
S/O SH. DESH RAJ
R/O VILL TALMET & P.O. THATHOON
TEHSIL BANGANA, DISTRICT UNA, H.P.
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AGED ABOUT 51 YEARS, PRESENTLY
POSTED AS LECTURER (COMMERCE)
IN GOVERNMENT MODEL SR. SEC.
.
SCHOOL, BOYS, DHUNDLA,
DISTRICT UNA, H.P.
5. SH. SUNIL MEHTA
S/O SH. BALDEV SINGH
RESIDENT OF VILLAGE AND POST OFFICE
GHANGRET DISTRICT UNA, H.P.
AGED ABOUT 48 YEARS
LECTURER HISTORY IN GSSS TALAI
TEHSIL BANGANA, DISTRICT UNA, H.P.
6. SH. JIWAN LAL SHARMA
S/O SH. DEVI DASS
R/O VILLAGE ROUNKHER P.O.
TALMEHRA DISTRICT UNA, H.P.
AGED ABOUT 54 YEARS PRESENTLY
POSTED AS LECTURER IN (ECONOMICS)
IN GSSS TALMEHRA DISTRICT UNA, H.P.
7. SH. SATYA PAUL
S/O SH. BASANTA RAM
RESIDENT OF VILLAGE & P.O. MAIRI
TEHSIL AMB DISTRICT UNA, H.P.
AGED ABOUT 56 YEARS PRESENTLY
POSTED AS LECTURER (HINDI), GSSS
SURI DISTRICT UNA, H.P.
8. SH. SUDHEER GAUTAM
S/O SH. SUKH RAM GAUTAM
R/O MAIN MARKET BILASPUR
DISTRICT BILAPSUR H.P. AGED 57 YEARS
PRESENTLY POSTED AS GSSS LECTURER
ECONOMICS IN GOVT. BOYS SR. SEC.
SCHOOL BILASPUR, DISTRICT
BILAPSUR H.P.
....PETITIONERS
(BY MR. MUKUL SOOD, ADVOCATE)
AND
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1. STATE OF H.P THROUGH SECRETARY
EDUCATION TO THE GOVERNMENT OF
H.P. SHIMLA-2.
.
2. THE DIRECTOR OF HIGHER EDUCATION
TO THE GOVT. OF HIMACHAL
PRADESH AT SHIMLA-1 H.P.
..RESPONDENTS
(MR. ASHWANI SHARMA, ADDITIONAL
ADVOCATE GENERAL)
__________________________________________________________________
This petition coming on for orders this day, Hon'ble Ms.
Justice Sabina, passed the following:-
ORDER
Notice. Mr. Ashwani Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. Learned counsel for the petitioners states that the issue in question is squarely covered by the judgment rendered in CWP No. 1853 of 2009-D, titled as Arpana Bali vs. The State of Himachal Pradesh and others, decided on 10th April, 2013 and the said judgment, in turn, stands implemented by the respondents. This is a matter, which is required to be considered by the employer.
3. Accordingly, the present petition is disposed of with a direction to respondent No.2 to consider and decide the case of the petitioners in light of the averments made ::: Downloaded on - 05/03/2022 20:11:58 :::CIS 4 in this petition and, more particularly, the judgment rendered in Arpana Bali's case, which stands .
implemented. Needful be done within four weeks and in case the petitioners are similarly situated to Arpana Bali's case, then consequential action be taken within two weeks.
4. The petition stands disposed of in the aforesaid terms, so also the pending application(s), if any.
For compliance, to come up on 27.04.2022.
( Sabina )
Judge
March 05, 2022 ( Satyen Vaidya )
(naveen) Judge
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