Hardei Thakur vs State Of H.P. And Anr

Satyen Vaidya, J

Learned counsel for the petitioner states that his client would be content and satisfied in case prayer made in the instant petition is considered and decided by the respondents/competent authority in terms of judgment dated 21.4.2010, passed by a Coordinate Bench of this Court in CWP(T) No.5253 of 2008, titled Narain Singh v. State of Himachal Pradesh and Ors  (Annexure P-6), further upheld by the Division Bench of this Court vide judgment dated 1.9.2015 passed in LPA No. 146 of 2010 alongwith connected matters, titled State of Himachal Pradesh and others v. Narain Singh (Annexure P-7) alongwith connected matters. Learned Deputy Advocate General is not averse to the aforesaid innocuous prayer made by the petitioner.

Having perused aforesaid judgments sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue raised in the instant petition already stands adjudicated in the aforesaid judgments and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide case of the petitioner in light of the aforesaid judgments.

Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide case of the petitioner in light of aforesaid judgments, expeditiously, preferably, within four weeks. In case, petitioner is found to be similarly situate to the petitioner in the aforesaid judgments, she would be extended similar benefits. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings before appropriate court of law, if she still remains aggrieved. All pending applications stand disposed of.