Himachal Pradesh High Court
Raj Pal Thakur vs The State Of Himachal Pradesh And Others on 2 August, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 2nd DAY OF AUGUST, 2022.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION No.4718 of 2022.
Between:-r
1. RAJ PAL THAKUR, S/O LATE SH.
MOHAR SINGH, R/O VILLAGE
PANDITBERH, P.O. MOHAL, DISTT. KULLU
H.P. (PRESENTLY WORKING AS LECTURER
IN CHEMISTRY AT GSSS HARIPUR, TEHSIL
MANALI DISTRICT KULLU H.P.) AGED
ABOUT 53 YEARS.
2.SUJATA SHARMA W/O SH. JAI KRISHAN
SHARMA, R/O VILLAGE & P.O.
KHAKHNAL, DISTRICT KULLU H.P.
(PRESENTLY WORKING AS LECTURER
SANSKRIT AT GSSS BRAN, TEHSIL
MANALI DISTRICT KULLU H.P.) AGED 55
YEARS.
3. SUSHEL DUTT S/O SH. SHIV CHAND,
R/O VILLAGE & P.O. RUDING, DISTRICT
LAHAUL & SPITI H.P. (PRESENTLY
WORKING AS LECTURE ECONOMICS AT
GSSS KAIONG, DISTRICT LANG SPITI H.P.)
AGED 53 YEARS.
4. AMAR SINGH S/O. SH. NEEKU RAM,
R/O VILLAGE & P.O. LOTE, DISTRICT
LAHAUL & SPITI H.P. (PRESENTLY
WORKING AS LECTURE, POLITICAL
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SCIENCE AT GSSS SISSUR, DISTRICT
LAHOUL & SPITI, H.P.) AGED 56 YEARS.
.
5. PANNA LAL S/O SH. CHANDU RAM,
RESIDENT OF VPO MANALI, TEHSIL
MANALI, DISTRICT KULLU, H.P.
(PRESENTLY WORKING AS LECTURER
POLITICAL SCIENCE AT GSSS GOSHAL AT
BAHANG, DISTRICT KULLU, H.P. AGED 54
YEARS.
6. GOPAL SINGH, S/O SH. SHOYARU RAM,
R/O VILLAGE BULANG, P.O. DOBHI,
TEHSIL AND DISTRICT KULLU, H.P.
(PRESENTLY WORKING AS LECTURER,
COMMERCE IN GSSS HARIPUR, TEHSIL
MANALI, DISTRICT KULLU, H.P. AGED 57
YEARS.
7. VINOD KUMAR, S/O SH. PREM NATH,
RESIDENT OF VILLAGE THOLANG, P.O.
MALANG, TEHSIL KEYLONG, DISTRICT
LAHAUL & SPITI (PRESENTLY WORKING
AS LECTURER SOCIOLOGY GSSS GOSHAL
AT BHANG, DISTRICT KULLU, H.P. AGED
ABOUT 53 YEARS.
8. HEM RAJ, S/O LATE SH. TARA CHAND,
RESIDENT OF VILLAGE AND P.O.
TATAPANI, TEHSIL KARSOG, DISTRICT
MANDI, H.P. (PRESENTLY WORKING AS
LECTURER HINDI GSSS BEHLI, TEHSIL
NIHRI, DISTRICT MANDI, H.P. AGED 50
YEARS.
9. TAIN SINGH, S/O SH. CHHEWANG, R/O
VILLAGE AND P.O. PEUKER, TEHSIL
LAHAUL, DISTRICT LAHAUL & SPITI,
(PRESENTLY WORKING AS LECTURER,
POL. SCIENCE IN GSSS KEYLONG, TEHSIL
LAHUL, DISTRICT LAHAUL & SPITI, H.P.
AGED 55 YEARS.
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10. LAL PAT S/O SH. BHAG DASS, R/O
VILLAGE MADGRAM P.O. UDAIPUR
DISTRICT LAHAUL & SPITI H.P.
.
(PRESENTLY WORKING AS LECTURE
ECONOMICS AT GSSS MADGRAN,
DISTRICT LAHAUL & SPITI H.P.) AGED 52
YEARS.
11. NARINDER SINGH, S/O SH. MUNOO
RAM, R/O VILLAGE AND P.O BAMTA,
TEHSIL CHOPAL, DISTRICT SHIMLA, H.P.
(PRESENTLY WORKING AS DP ED. IN
GSSS SHILLA, TEHSIL CHOPAL, DISTRICT
SHIMLA, H.P. AGE ABOUT 54 YEARS.
12. RAJNEESH S/O SH. DORJE, VILLAGE
AND POST OFFICE UDAIPUR, TEHSIL AND
DISTRICT LAHAUL & SPITI, PRESENTLY
WORKING AS LECTURE CHEMISTRY IN
GSSS UDAIPUR, DISTRICT LAHAUL &
SPITI AGE ABOUT 46 YEARS.
.....PETITIONERS.
(BY SH. VINAY MEHTA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
EDUCATION GOVERNMENT OF HIMACHAL
PRADESH SHIMLA-2.
2. THE DIRECTOR HIGHER EDUCATION,
SHIMLA, DISTRICT SHIMLA-1 (H.P.)
......RESPONDENTS.
(BY SH. ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. VINOD THAKUR, ADDITIONAL
ADVOCATE GENERAL, SH. BHUPINDER THAKUR,
SH. YUDHBIR SINGH THAKUR, DEPUTY ADVOCATE
GENERALS AND SH. RAJAT CHAUHAN, LAW
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OFFICER)
________________________________________________________________
This petition coming on for admission before
.
notice this day, Hon'ble Mr. Justice Tarlok Singh
Chauhan, passed the following:
ORDER
Notice. Mr. Bhupinder Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.
2. Learned counsel for the petitioners the issue in question is squarely covered by the judgment r states that 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 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 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 ::: Downloaded on - 02/08/2022 20:04:40 :::CIS 5 case, then consequential action be taken within two weeks thereafter.
.
4. The petition stands disposed of in the aforesaid terms, so also the pending application, if any.
(Tarlok Singh Chauhan) Judge 2nd August, 2022.
r to(Chander Bhusan Barowalia) Judge (krt) ::: Downloaded on - 02/08/2022 20:04:40 :::CIS