Disposed

Raj Pal Thakur and Ors. v. State of Hp and Anr.

Himachal Pradesh HC2 Aug 2022CWP/4718/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a writ petition filed by government lecturers seeking consideration of a specific case in light of the Arpana Bali judgment, directing the Director Higher Education to decide the matter within four weeks.

What did the court decide?

Direction to respondent No. 2 to consider and decide the petitioners' case in light of Arpana Bali judgment within four weeks; consequential action within two weeks if applicable; petition disposed of

Raj Pal Thakur and Ors. Vs State of… — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 2^nd DAY OF AUGUST, 2022.

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BEFORE

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HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN & HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA

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CIVIL WRIT PETITION No.4718 of 2022.

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Between:-

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1. RAJ PAL THAKUR, S/O LATE SH. MOHAR SINGH, R/O VILLAGE PANDITBERH, P.O. MOHAL, DISTT. KULLU H.P. (PRESENTLY WORKING AS LECTURER IN CHEMISTRY AT GSSS HARIPUR, TEHSIL MANALI DISTRICT KULLU H.P.) AGED ABOUT 53 YEARS.

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2.SUJATA SHARMA W/O SH. JAI KRISHAN SHARMA, R/O VILLAGE & P.O. KHAKHNAL, DISTRICT KULLU H.P. (PRESENTLY WORKING AS LECTURER SANSKRIT AT GSSS BRAN, TEHSIL MANALI DISTRICT KULLU H.P.) AGED 55 YEARS.

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3. SUSHEL DUTT S/O SH. SHIV CHAND, R/O VILLAGE & P.O. RUDING, DISTRICT LAHAUL & SPITI H.P. (PRESENTLY WORKING AS LECTURE ECONOMICS AT GSSS KAIONG, DISTRICT LANG SPITI H.P.) AGED 53 YEARS.

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4. AMAR SINGH S/O. SH. NEEKU RAM, R/O VILLAGE & P.O. LOTE, DISTRICT LAHAUL & SPITI H.P. (PRESENTLY WORKING AS LECTURE, POLITICAL

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SCIENCE AT GSSS SISSUR, DISTRICT LAHOUL & SPITI, H.P.) AGED 56 YEARS.

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5. PANNA LAL S/O SH. CHANDU RAM, RESIDENT OF VPO MANALI, TEHSIL MANALI, DISTRICT KULLU, H.P. (PRESENTLY WORKING AS LECTURER POLITICAL SCIENCE AT GSSS GOSHAL AT BAHANG, DISTRICT KULLU, H.P. AGED 54 YEARS.

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6. GOPAL SINGH, S/O SH. SHOYARU RAM, R/O VILLAGE BULANG, P.O. DOBHI, TEHSIL AND DISTRICT KULLU, H.P. (PRESENTLY WORKING AS LECTURER, COMMERCE IN GSSS HARIPUR, TEHSIL MANALI, DISTRICT KULLU, H.P. AGED 57 YEARS.

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7. VINOD KUMAR, S/O SH. PREM NATH, RESIDENT OF VILLAGE THOLANG, P.O. MALANG, TEHSIL KEYLONG, DISTRICT LAHAUL & SPITI (PRESENTLY WORKING AS LECTURER SOCIOLOGY GSSS GOSHAL AT BHANG, DISTRICT KULLU, H.P. AGED ABOUT 53 YEARS.

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8. HEM RAJ, S/O LATE SH. TARA CHAND, RESIDENT OF VILLAGE AND P.O. TATAPANI, TEHSIL KARSOG, DISTRICT MANDI, H.P. (PRESENTLY WORKING AS LECTURER HINDI GSSS BEHLI, TEHSIL NIHRI, DISTRICT MANDI, H.P. AGED 50 YEARS.

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9. TAIN SINGH, S/O SH. CHHEWANG, R/O VILLAGE AND P.O. PEUKER, TEHSIL LAHAUL, DISTRICT LAHAUL & SPITI, (PRESENTLY WORKING AS LECTURER, POL. SCIENCE IN GSSS KEYLONG, TEHSIL LAHUL, DISTRICT LAHAUL & SPITI, H.P. AGED 55 YEARS.

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10. LAL PAT S/O SH. BHAG DASS, R/O VILLAGE MADGRAM P.O. UDAIPUR DISTRICT LAHAUL & SPITI H.P. (PRESENTLY WORKING AS LECTURE ECONOMICS AT GSSS MADGRAN, DISTRICT LAHAUL & SPITI H.P.) AGED 52 YEARS.

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11. NARINDER SINGH, S/O SH. MUNOO RAM, R/O VILLAGE AND P.O BAMTA, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P. (PRESENTLY WORKING AS DP ED. IN GSSS SHILLA, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P. AGE ABOUT 54 YEARS.

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12. RAJNEESH S/O SH. DORJE, VILLAGE AND POST OFFICE UDAIPUR, TEHSIL AND DISTRICT LAHAUL & SPITI, PRESENTLY WORKING AS LECTURE CHEMISTRY IN GSSS UDAIPUR, DISTRICT LAHAUL & SPITI AGE ABOUT 46 YEARS.

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…..PETITIONERS.

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(BY SH. VINAY MEHTA, ADVOCATE)

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AND

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1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY EDUCATION GOVERNMENT OF HIMACHAL PRADESH SHIMLA-2.

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2. THE DIRECTOR HIGHER EDUCATION, SHIMLA, DISTRICT SHIMLA-1 (H.P.)

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…...RESPONDENTS.

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(BY SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. VINOD THAKUR, ADDITIONAL ADVOCATE GENERAL, SH. BHUPINDER THAKUR, SH. YUDHBIR SINGH THAKUR, DEPUTY ADVOCATE GENERALS AND SH. RAJAT CHAUHAN, LAW

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OFFICER)

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________________________________________________________________ This petition coming on for admission before notice this day, Hon’ble Mr. Justice Tarlok Singh Chauhan, passed the following:

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O R D E R

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Notice. Mr. Bhupinder Thakur, learned Deputy

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Advocate General, appears and waives service of notice on

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behalf of the respondents.

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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 10^th April, 2013 and said judgment, in turn, stands implemented by the respondents. This is a matter which is required to be considered by the employer.

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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 petitioners are similarly situated to Arpana Bali’s

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case, then consequential action be taken within two weeks

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thereafter.

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

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(Tarlok Singh Chauhan) Judge

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(Chander Bhusan Barowalia) Judge

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2^nd August, 2022. (krt)

Raj Pal Thakur and Ors. v. State of Hp and Anr.

Case brief

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Raj Pal Thakur and Ors. v. State of Hp and Anr.

Case brief

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