Jaswant Singh vs State Of H.P. & Anr

Satyen Vaidya, J

Notice. Ms. Priyanka Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

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 respondent/competent authority in terms of judgment dated 3.8.2023, passed by a Division Bench of this Court in CWP No. State of Himachal Pradesh & Ors., with connected matter.

Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made by the petitioners.

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

Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide the case of petitioner in light of Taj Mohammad (supra), expeditiously, preferably within four weeks. In case, petitioner is found to be similarly situate to the petitioner in the aforesaid judgment, he 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 the appropriate court of law, if he still remains aggrieved.

Pending miscellaneous application(s), if any, also stand disposed of.