Shashi Devi W/O Sh. Rakesh Kumar vs The State Of Himachal on 22 February, 2022

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Himachal Pradesh High Court

Shashi Devi W/O Sh. Rakesh Kumar vs The State Of Himachal on 22 February, 2022

Bench: Chief Justice

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

               ON THE 22nd DAY OF FEBRUARY 2022




                                                           .

                            BEFORE
           HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
                       CHIEF JUSTICE





                              &
           HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

               CIVIL WRIT PETITION No. 465 of 2022

         Between:-

         SHASHI DEVI W/O SH. RAKESH KUMAR,

         RESIDENT OF VILLAGE & POST OFFICE BADHANI,

         TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P.
         PRESENTLY WORKING AS TGT (ARTS) AT GOVT.
         SEN. SEC. SCHOOL BADHANI, TEHSIL BHORANJ,
         DISTRICT HAMIRPUR, HIMACHAL PRADESH.



                                         ......PETITIONER

         (BY SH. RAJESH KUMAR, ADVOCATE)




         AND





    1.   STATE OF H.P. THROUGH PRINCIPAL SECRETARY





         (EDUCATION) GOVT. OF H.P. SHIMLA-171002.

    2.   DIRECTOR OF EDUCATION (ELEMENTARY)
         DIRECTORATE OF EDUCATION SHIMLA, H.P.

    3.   DEPUTY DIRECTOR OF EDUCATION (ELEMENTARY)
         DEPUTY DIRECTORATE OF EDUCATION HAMIRPUR,
         H.P.

    4.   PRINCIPAL GOVT. SEN. SEC.
         SCHOOL BADHANI, TEHSIL BHORANJ,
         DISTRICT HAMIRPUR, HIMACHAL PRADESH.
                                       .....RESPONDENTS




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     (BY SH. ASHOK SHARMA, ADVOCATE GENERAL
     WITH SH. VIKAS RATHORE, ADDITIONAL ADVOCATE GENERAL)




                                                                  .
_______________________________________________________





                  This petition coming on for admission this day, Hon'ble





    Mr. Justice Mohammad Rafiq, passed the following:

                              ORDER

Notice. Mr. Vikas Rathore, learned Additional Advocate respondents r to General, appears and waives service of notice on behalf of the

2. Learned counsel for the petitioner 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 petitioner 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 petitioner is similarly situated to Arpana Bali's case, then consequential action be taken within two weeks.

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4. The petition stands disposed of in the aforesaid terms, so also the pending application(s), if any.

For compliance, to come up on 24.03.2022.






                                               ( Mohammad Rafiq )
                                                  Chief Justice



                         r           to        ( Jyotsna Rewal Dua )
                                                      Judge

    22nd February, 2022(vs/rohit)








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