Prem Lal, S/o Late Sh. Purbu Ram v. State of Himachal Pradesh Principal Secretary (Home)
2022-10-27
VIVEK SINGH THAKUR
body2022
DigiLaw.ai
ORDER : All these petitions are being disposed of by this common order for involvement of common question of facts and law, as prayed by learned counsel for the petitioners. 2. Learned counsel for the petitioner(s) has submitted that Division Bench of this High Court vide order/judgment dated 05.1.2021, passed in CWP No.3628 of 2020, titled as Inder Singh Vs. State of H.P. & Others, had directed to consider case of the petitioner therein, subject to the conditions enumerated in the said order/judgment, wherein one condition was that petitioner should not be less than 18 years and not more than 50 years of age. 3. It has been further submitted by learned counsel for the petitioner(s) that Additional Director General-cum-Chief Commandant of Home and Civil Defence, Himachal Pradesh, has issued communication dated 02.03.2022 to all the Commandants of Home Guards of Himachal Pradesh, whereby it has been communicated that age of the petitioners, for considering their eligibility in terms of the relevant Act and Rules prescribing the conditions, is to be considered according to their age as it was on the date of filing of the petition(s) before erstwhile H.P. State Administrative Tribunal, but not according to date of transfer of the case from erstwhile Tribunal to the High Court. 4. It has further been submitted by learned counsel for the petitioners that in view of above referred order/judgment dated 05.01.2021, passed by the Division Bench of this High Court and the communication dated 02.03.2022, all petitioner(s) in present petitions, are fulfilling the criteria/requisite condition for considering their case for re-enrollment/re-engagement and as such they are entitled for re-engagement/re-enrollment accordingly. 5. It has further been submitted by learned counsel for the petitioners that similarly situated persons Bhoop Ram, who was petitioner No.1 in CWPOA No.2940 of 2020, has also been re-enrolled/re-engaged by respondents in the light of aforesaid order/judgment as well as communication dated 02.03.2022. 6. In the aforesaid facts and circumstances, learned counsel for the petitioners has also submitted that petitioners would be satisfied in case respondents are directed to consider case of the petitioners like similarly situated persons, including Bhoop Ram petitioner in CWPOA No.2940 of 2020 and/or Inder Singh petitioner in CWP No.3628 of 2020. 7.
6. In the aforesaid facts and circumstances, learned counsel for the petitioners has also submitted that petitioners would be satisfied in case respondents are directed to consider case of the petitioners like similarly situated persons, including Bhoop Ram petitioner in CWPOA No.2940 of 2020 and/or Inder Singh petitioner in CWP No.3628 of 2020. 7. In view of above, present petitions are disposed of in terms of order/judgment passed by the Division Bench referred supra, with direction to consider case of the petitioners for their re-enrollment/re-engagement as Volunteers in Home Guards, by taking into consideration communication dated 02.03.2022 referred supra and re-engage/re-enroll them on or before 30.11.2022. In case of rejection of the case of any of the petitioners for any valid reason, the same shall be communicated to the petitioners by passing a speaking and reasoned order with copy of the said order of such petitioner(s) on or before 30.11.2022. Pending application(s), if any also stand disposed of.