High Court of Himachal Pradesh disposed of a civil writ petition regarding monetary benefits on the proposal that relief was already granted by the respondent department following a superior court order, subject to a potential SLP filing.
Petition disposed of as relief was already granted by department via Secretary Education order dated 12.12.2024.
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.
2024:HHC:14344
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Writ Petition No.140 of 2024 Date of Decision: 13.12.2024
______________________________________________________________ Anuj Sharma and Others ……...Petitioners Versus State of Himachal Pradesh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Ashwani K. Sharma, Advocate. For the Respondents: Mr. B.C. Verma, Additional Advocate General, with Mr. Ravi Chauhan, Deputy Advocate General.
____________________________________________________________________ Sandeep Sharma, J. (Oral)
While placing on record communication dated 12.12.2024 issued under the signatures of Under Secretary (Education) to the Government of Himachal Pradesh, wherein specific reference has been made to order dated 12.12.2024, passed by Secretary (Education) to the Government of Himachal Pradesh, thereby allowing the representation filed by the petitioner, learned Additional Advocate General states that relief prayed for in the instant petition stands granted in favour of the petitioner, subject to outcome of the SLP, proposed to be filed by the concerned department.
2. Having perused aforesaid communication, especially order dated 12.12.2024 passed by Secretary (Education) to the Government of Himachal Pradesh, this Court finds that the request of the petitioners has been allowed on the analogy of judgments dated 24.11.2023 passed by this Court in CWPOA No.3282 of 2019, titled Dr. Ranjeet Singh Thakur and Others Vs. State of Himachal Pradesh, CWPOA No.3929 of 2020, titled as Dr. Shweta
2024:HHC:14344
2
Sharma and Others Vs. State of Himachal Pradesh and Others and judgment dated 08.08.2022 in CWP No.5043 of 2022, titled Sunita Sangroli Vs. State of Himachal Pradesh. As per aforesaid communication, monetary benefits in favour of the petitioners are restricted to three years prior to the date of filing the writ petition, in terms of Government of Himachal Pradesh, Finance Department, letter dated 15.12.2011.
3. In view of the above, nothing remains to be adjudicated in the instant petition and accordingly the same is disposed of. However, liberty is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, qua the surviving grievance, if any.
Pending applications, if any, also stand disposed of.
(Sandeep Sharma), Judge
December 13, 2024 (Rajeev Raturi)
2 issues framed by the court
Whether the request for monetary benefits should be allowed subject to anomalies in prior judgments.
What restrictions apply to the date of filing for monetary benefits.
Colour shows how this judgement treated each authority
Dr. Ranjeet Singh Thakur and Others Vs. State of Himachal PradeshRelied on¶7
CWPOA No.3282 of 2019, titled Dr. Ranjeet Singh Thakur and Others Vs. State of Himachal Pradesh
Dr. Shweta Sharma and Others Vs. State of Himachal Pradesh and OthersRelied on¶7
CWPOA No.3929 of 2020, titled as Dr. Shweta Sharma and Others Vs. State of Himachal Pradesh and Others
Sunita Sangroli Vs. State of Himachal PradeshRelied on¶7
CWP No.5043 of 2022, titled Sunita Sangroli Vs. State of Himachal Pradesh
Anuj Sharma and Others
State of Himachal Pradesh
Sandeep Sharma
As recorded by the court registry
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