Himachal Pradesh High Court
Smt. Poonam Chandel D/O vs The State Of Himachal on 28 March, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF MARCH, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.1385 of 2022
Between:-
1. SMT. POONAM CHANDEL D/O.
SH. YASHWANT SINGH R/O
VILLAGE TIKKARI, P.O AND
TEHSIL JUBBAL, DISTRICT
SHIMLA, H.P., PRESENTLY
POSTED AT GHS KAINTHU, AS
TGT (ARTS) TEHSIL AND
DISTRICT SHIMLA, H.P. AGED 47
YEARS.
2. NARESH CHAND S/O. SH.
BHAGHI-RATH R/O VILLAGE
GROURU, P.O SAJAO PIPLU,
TEHSIL DHARAMPUR, DISTRICT
MANDI, H.P., PRESENTLY
POSTED AT BARA KHAMBA U/C
GSSS MAKRERI TEHSIL
JOGINDER NAGAR AS TGT
DISTRICT MANDI, H.P. AGED
ABOUT 49 YEARS.
3. ASHOK KUMAR S/O SH.
JOGINDER SINGH R/O VILLAGE
BARARA, P.O. ARHAL TEHSIL
ROHRU, DISTRICT, SHIMLA-H.P.
PRESENTLY POSTED AT GHS
BASHLA, AS TGT ARTS, TEHSIL
ROHRU, DISTRICT SHIMLA H.P.
AGED ABOUT 48 YEARS.
4. GOPAL KRISHAN S/O SH.
MOOLA RAM, R/O VILLAGE
KOTLI, P.O. GUNEHAR TEHSIL
BAIJNATH, DISTRICT KANGRA
H.P., PRESENTLY POSTED AT
GHS GUNEHAR AS TGT (ARTS),
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TEHSIL BAIJNATH, DISTRICT
KANGRA H.P, AGED ABOUT 46
YEARS.
5. SULAKHAN SINGH S/O SH.
.
CHANDA R/O VILLAGE
NANGLEHAR, P.O GALORA,
TEHSIL NURPUR, DISTRICT
KANGRAI, H.P. PRESENTLY
POSTED AT GSSS BARANDA AS
TGT ARTS, TEHSIL AND
DISTRICT KANGRA H.P., 49
YEARS OLD
6. PARSHOTAM SINGH S/O SH.
HARI SINGH R/O VILLAGE AND
P.O BARANDA TEHSIL NURPUR
DISTRICT KANGRA H.P
PRESENTLY POSTED AT GSSS
BARANDA AS TGT ARTS,
DISTRICT KANGRA, H.P. AGED
ABOUT 48 YEARS.
7. SARITA CHAUHAN W/O. SH.
TRILOK CHAUHAN R/O
VILLAGE AND P.O SHARONTHA,
SUB-TEHSIL TIKKAR, DISTRICT
SHIMLA, H.P., PRESENTLY
POSTED AT GSSS SHARONTHA,
AS TGT (ARTS) TEHSIL AND
DISTRICT SHIMLA, H.P. AGED
ABOUT 48 YEARS.
8. SUNIL DUTT S/O SH. BALDEV
DASS SHARMA R/O VILLAGE
JHIGRIANI, P.O DHANED,
TEHSIL AND DISTRICT
HAMIRPUR H.P, PRESENTLY
POSTED AT GMS KANOH, AS
TGT (NON-MEDICAL) U/C GSSS
BIAR TEHSIL AND DISTRICT
HAMIRPUR, H.P. AGED ABOUT
49 YEARS.
9. INDER SAIN KAITH S/O SH.
BHAU RAM R/O VILLAGE
SHALAWAT, P.O SAMARKOT,
TEHSIL ROHRU, DISTRICT
SHIMLA H.P. PRESENTLY
POSTED AT GMS BAJRET KOTI,
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AS TGT U/C GSSS KUI
(BACHHUNCH) TEHSIL ROHRU
DISTRICT SHIMLA, H.P.47
YEARS OLD
.
10. RUPESH KUMAR S/O SH.
MAGHI SINGH, VILLAGE SEHAL,
P.O PAIRI, TEHSIL BALH,
DISTRICT MANDI H.P.
PRESENTLY POSTED AT GMS
DAHNU, AS TGT(NON-MEDICAL)
U/C GSSS SIDHYANI, TEHSIL
BALH, DISTRICT MANDI, H.P. 47
YEARS OLD.
11. MAMTA THAKUR D/O BALBIR
SINGH THAKUR R/O VILL
UPPER GHATI - P.O, PHORAL
TEH SOLAN, PRESENTLY
POSTED AT GSSS KADOUR, AS
TGT(ARTS), DISTRICT SOLAN,
H.P. AGED ABOUT 48 YEARS.
12. BRIJ BALA D/O SH. TARA DUTT,
R/O VILLAGE, P.O AND TEHSIL
NIRMAND, DISTRICT KULLU H.P.
PRESENTLY POSTED AT GHS
NIRATH, AS TGT(ARTS) TEHSIL
RAMPUR, DISTRICT SHIMLA,
H.P. AGED ABOUT 47 YEARS.
13. RAM MOHAN S/O SH. RELU
RAM SHARMA R/O VILLAGE
BHABER, P.O BAMTA,TEHSIL
CHOPAL, DISTRICT SHIMLA H.P
PRESENTLY POSTED AT GBSSS
POANTA SAHIB, AS TGT,
DISTRICT SIRMOUR, H.P., AGED
ABOUT 46 YEARS.
14. MAHENDER SINGH S/O SH.
HERA SINGH CHAUHAN R/O
VILLAGE MINYAWALA (LOWER),
BALAWALA-ROAD, DISTRICT
DEHARDUN, UTTARAKAND.
PRESENTLY POSTED AT
BHAGANI, AS TGT(ARTS)
TEHSIL POANTA SAHIB,
DISTRICT SIRMOUR, H.P. AGED
ABOUT 49 YEARS.
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15. SANJEEV KUMAR S/O SH. GIAN
CHAND SHARMA VILLAGE
SANOUR, P.O SARI TEHSIL
DHARAMPUR DISTRICT MANDI
.
H.P. PRESENTLY POSTED AT
GSSS SANOUR, AS TGT (NON-
MEDICAL) TEHSIL
DHARAMPUR, DISTRICT MANDI,
H.P. AGED ABOUT 49 YEARS.
16. DINESH KUMAR S/O SH.
JAGDISH SINGH R/O VILLAGE
LAKHAR, P.O DUGHAR, TEHSIL
AND DISTRICT HAMIRPUR, H.P.,
PRESENTLY POSTED AT GSSS
HAMIRPUR, AS TGT(NON
MEDICAL) TEHSIL AND D.
STRICT HAMIRPUR, H.P. AGED
ABOUT 50 YEARS
17. KALYAN PARKASH S/O SH.
SARAN DASS R/O VILLAGE
MAGAOTA, P.O KAINA
JUBBAL,TEHSIL JUBBAL,
DISTRICT SHIMLA H.P.
PRESENTLY POSTED AT GSSS
MANDHOLE, AS TGT (NON-
MEDICAL) TEHSIL JUBBAL,
DISTRICT SHIMLA, H.P. 49
YEARS OLD
18. SURESH SHARMA S/O SH.
SUKH LAL SHARMA R/O
VILLAGE JANDOT, P.O
BHATWARA, TEHSIL
GHUMARWIN, DISTRICT
BILASPUR H.P. PRESENTLY
POSTED AT GHS BASHLA AS
TGT (NON-MEDICAL) TEHSIL
ROHROO DISTRICT SHIMLA,
H.P. AGED ABOUT 47 YEARS
OLD.
.....PETITIONERS
(BY MR. DAVINDER CHAUHAN JAITA,
ADVOCATE)
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AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY
(EDUCATION) TO THE GOVT. OF
.
H.P. SHIMLA-2.
2. THE DIRECTOR HIGHER
EDUCATION, H.P. SHIMLA-1
3. THE DIRECTOR OF
ELEMENTARY EDUCATION H.P
SHIMLA
4. THE HEADMASTER GHS
KAINTHU, TEHSIL AND
DISTRICT SHIMLA, H.P.
5. THE PRINCIPAL GSSS
MAKRERI, TEHSIL JOGINDER
NAGAR, DISTRICT MANDI, H.P.
6. THE HEADMASTER GHS
BASHLA,TEHSIL ROHRU,
DISTRICT SHIMLA, H.P.
7. THE HEADMASTER GHS
GUNEHAR, TEHSIL BAIJNATH,
DISTRICT KANGRA, H.P.
8. THE PRINCIPAL GSSS
BARANDA, TEHSIL AND
DISTRICT KANGRA, H.P.
9. THE PRINCIPAL GSSS
BARANDA, TEHSIL AND
DISTRICT KANGRA, H.P.
10. THE PRINCIPAL GSSS
SHARONTHA, TEHSIL AND
DISTRICT SHIMLA, H.P.
11. THE PRINCIPAL GSSS BIAR,
TEHSIL AND DISTRICT
HAMIRPUR, H.P.
12. THE PRINCIPAL GSSS KUI,
TEHSIL ROHRU, DISTRICT
SHIMLA, H.P.
13. THE PRINCIPAL GSSS
SIDHYANI, TEHSIL BALH,
DISTRICT HAMIRPUR, H.P.
14. THE PRINCIPAL GSSS KADOUR,
TEHSIL AND DISTRICT SOLAN,
H.P.
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15. THE HEADMASTER GHS
NIRATH, TEHSIL RAMPUR,
DISTRICT SHIMLA, H.P.
16. THE PRINCIPAL GBSSS
.
POANTA SAHIB, DISTRICT
SIRMOUR, H.P.
17. THE PRINCIPAL GSSS
BHAGANI, TEHSIL SIRMOUR,
DISTRICT SIRMOUR, H.P.
18. THE PRINCIPAL GSSS SANOUR,
DISTRICT MANDI, H.P.
19. THE PRINCIPAL GSSS
HAMIRPUR, DISTRICT
HAMIRPUR, H.P.
20. THE PRINCIPAL GSSS
MANDHOLE, TEHSIL JUBBAL,
DISTRICT SHIMLA, H.P.
21.
THE HEAD MASTER GHS
BASHLA TEHSIL ROHROO,
DISTT. SHIMLA, H.P.
.....RESPONDENTS
(BY MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission 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 ::: Downloaded on - 28/03/2022 20:11:55 :::CIS 7 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
4.
r to petitioners are similarly situated to Arpana Bali's case, then consequential action be taken within two weeks.
The petition stands disposed of in the aforesaid terms.
For compliance, to come up on 17.05.2022.
(Sabina) Judge (Satyen Vaidya) Judge March 28, 2022 (ps/vh) ::: Downloaded on - 28/03/2022 20:11:55 :::CIS