This court disposed of a civil writ petition regarding an ex-Homc Guard's case, directing respondents to consider the matter based on a Coordinate Bench judgment without examining merits.
Direction to respondents to consider the petitioner's case in light of the Inder Singh judgment within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 4th DAY OF MARCH, 2022
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.1147 of 2022
Between:-
SH. CHANDER SHEKHAR, S/O SH. KISHORI LAL, R/O VILLAGE ABDULAPUR, P.O. JAMANABAD, TEHSIL AND DISTT. KANGRA, H.P., EX. HOME GUARD, UNDER 9th BATTALION, DHARAMSHALA, DISTT. KANGRA, H.P. AGED 49 YEARS.
…...PETITIONER
(BY MR. A.K. GUPTA AND MS. BABITA CHAUHAN, ADVOCATES)
AND
1. STATE OF H.P., THROUGH THE PRINCIPAL SECRETARY (HOME), WITH HEADQUARTERS AT SHIMLA-2, H.P.
2. THE COMMANDANT GENERAL, (HOME GUARDS), WITH HEADQUARTERS AT SHIMLA, H.P.
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Sh. Chander Shekhar Versus State of H.P. and others CWP No.1147 of 2022
3. THE COMMANDANT, HOME GUARDS, 9th BATTALION, DHARAMSHALA, DISTT. KANGRA, H.P.
…...RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. VIKAS RATHORE, ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
The learned counsel for the petitioner submits that the issue, in question, is squarely covered by the judgment rendered by a Coordinate Bench of this Court in CWP No.3628
of 2020, in case titled as Inder Singh vs. State of H.P. & others,
decided on 05.01.2021. This is the matter, which is required to be examined by the respondents.
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Sh. Chander Shekhar Versus State of H.P. and others CWP No.1147 of 2022
judgment rendered by a Coordinate Bench of this Court in Inder Singh’s case and pass appropriate order on his representation within two months from the date, the same is submitted before them.
(Mohammad Rafiq)
Chief Justice
March 04, 2022 ( Bhardwaj)
(Jyotsna Rewal Dua) Judge
1 issue framed by the court
Whether the petitioner's case regarding his employment status is covered by the Coordinate Bench judgment in Inder Singh's case?
Colour shows how this judgement treated each authority
Inder Singh vs. State of H.P. & othersFollowed¶24
CWP No.3628 of 2020
Inder Singh vs. State of H.P. & othersFollowed¶27
Inder Singh's case
Chander Shekhar
State of H.P.
Commandant General, Home Guards
Commandant, Home Guards, 9th Battalion
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
