Ashok Kumar Sharma And Anr vs State Of Himachal Pradesh And Ors

Sandeep Sharma, J

By way of instant petition filed under Article 226 of the Constitution of India, petitioners have prayed for following main relief:

"C) Respondents be directed to consider the case of the petitioners in light of the judgment passed in LPA No.102/2010 titled Dr. Lekh Raj Sharma and others vs. State of HP as Annexure P-6."

Learned counsel for the parties are ad-idem that issue raised in the petition at hand as well as relief as prayed for stands duly considered and granted by the Division Bench of this Court in LPA No. 102 of 2010, titled Dr. Lekh Raj Sharma and Ors v. State of HP. It is also not in dispute inter-se parties that aforesaid judgment rendered by the Division Bench of this Court has attained finality because Special Leave Petition having been filed by the respondent-State, laying therein challenge to aforesaid judgment passed by the Division Bench of this Court stands dismissed. In view of the aforesaid, this Court sees no impediment in accepting the prayer made in the present petition.

Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider the case of the petitioners in terms of aforesaid judgment rendered by the Division Bench of this Court and thereafter, grant similar benefit to them, if they are ultimately found to be similar situate, within a period of four weeks from the date of production of certified copy of this order. Pending application(s), if any, also stands disposed of.