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Himachal Pradesh High Court

Bhagwan Singh S/O Sangya Ram vs State Of H.P. And Others." It Is A Matter on 22 September, 2022

Bench: Tarlok Singh Chauhan, Virender Singh

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                       .

             ON THE 22nd DAY OF SEPTEMBER, 2022.

                            BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                               &

             HON'BLE MR. JUSTICE VIRENDER SINGH



          Between:-
                    r       to
                CIVIL WRIT PETITION No.6693 OF 2022.



          BHAGWAN SINGH S/O SANGYA RAM,

          V.P.O. YULLA SU-TEHSIL TAPERI, DISTRICT
          KINNAUR, AGED ABOUT 47 YEARS, BELT
          NO.1/5-63.
                                 .....PETITIONER.



          (BY SH. VINOD CHAUHAN, ADVOCATE)




          AND

     1.   STATE  OF   HIMACHAL   PRADESH





          THROUGH ITS PRINCIPAL SECRETARY
          (HOME) TO THE GOVT. OF HIMACHAL
          PRADESH, SHIMLA.





     2.   THE COMMANDANT GENERAL (HOME
          GUARDS) WITH HEADQUARTERS AT
          SHIMLA, HIMACHAL PRADESH.

     3.   THE COMMANDANT, HOME GUARDS 1ST
          BATTALION     KINNAUR, DISTRICT
          KINNAUR, H.P.

                                     ......RESPONDENTS.




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                                       2




          (BY SH. ASHOK SHARMA, ADVOCATE
          GENERAL WITH SH. RAJINDER DOGRA,
          SENIOR ADDITIONAL ADVOCATE            GENERAL,




                                                              .
         SH.    VINOD      THAKUR,      SH.    SHIV     PAL





         MANHANS,         ADDITIONAL            ADVOCATE
         GENERALS, SH. J.S. GULERIA, SH.BHUPINDER
         THAKUR, DEPUTY ADVOCATE                GENERALS





         AND SH. RAJAT CHAUHAN, LAW OFFICER)
    ________________________________________________________________
                  This petition coming on for admission before notice
    this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed





    the following:
                           ORDER

Notice. Mr. Shiv Pal Manhans, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. Learned counsel for the petitioner states that the issue in question is squarely covered by the judgment rendered by the Division Bench of this Court on 5.1.2021 in CWP No. 3628 of 2020, case titled as "Inder Singh versus State of H.P. and others." It is a matter, which is required to be considered by the employer.

3. Therefore, without going into the merits of the case, we deem it proper to dispose of the writ petition by directing the respondents to consider and decide the case of the petitioner in light of the aforesaid decision and if the case of the petitioner is found to be covered ::: Downloaded on - 23/09/2022 20:02:16 :::CIS 3 by the aforesaid judgment, then the same and similar benefits as extended in CWP No.3628 of 2020 (supra), .

be also extended to the petitioner herein. This entire exercise shall be completed within four weeks.

Ordered accordingly.

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

(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 22nd September, 2022.

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