Sh. Virender Kumar And Ors vs State Of Himachal Pradesh & Ors on 17 October, 2023

[Cites 1, Cited by 0]

Himachal Pradesh High Court

Sh. Virender Kumar And Ors vs State Of Himachal Pradesh & Ors on 17 October, 2023

Bench: Sandeep Sharma

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                              CWP No.7865 of 2023
                              Date of decision: 17.10.2023




                                                                           .

    Sh. Virender Kumar and Ors.                                        ....Petitioners
                                           Versus





    State of Himachal Pradesh & Ors.                                ....Respondents


    Coram




                                                 of
    The Hon'ble Mr. Justice Sandeep Sharma, J.

Whether approved for reporting ?1 ___________________________________________________ For the Petitioners:

rt Mr. Onkar Jairath, Advocate.

For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General.

Sandeep Sharma, Judge(Oral):

Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. Leaned counsel for the petitioners states that petitioners would be content and satisfied in case their case is considered and decided by the respondents/competent authority in terms of judgment dated 03.11.2010, passed by this Court in CWP-T No.2114 of 2008, titled Mukesh Manhas & others vs. State of H.P. & Another, (Annexure P-3), upheld by a Division Bench of this Court in LPA No.380 of 2011, titled State of H.P. & another vs. Mukesh Manhas & others, decided on 20.09.2012 (Annexure P-4). Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made by the petitioners.

1 Whether the reporters of Local Papers may be allowed to see the judgement?

::: Downloaded on - 18/10/2023 20:39:09 :::CIS 2

3. Having perused aforesaid judgment sought to be relied upon vis-a-vis issue raised in the petition at hand, this Court finds that .

the issue raised in the instant petition already stands adjudicated in the aforesaid judgment rendered by this Court and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide the case of the of petitioners in light of the aforesaid judgment.

4. Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide rt the case of the petitioners in light of Mukesh Manhas's case (supra), expeditiously, preferably within a period of four weeks from today. In case, petitioners are found to be similarly situate to the petitioners in the aforesaid judgment, they would be extended similar benefits.

Needles to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon. However, liberty is reserved to the petitioners to file appropriate proceedings before appropriate court of law, if they still remain aggrieved.

Pending application(s), if any, also stand disposed of.

(Sandeep Sharma) Judge 17th October, 2023 (reena) ::: Downloaded on - 18/10/2023 20:39:09 :::CIS

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court