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2022 Supreme(HP) 312

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Sada Ram Son Of Shri Kanshi Ram – Appellant
Versus
State Of H. P. Through Secretary (Education)To The Govt. Of Himachal Pradesh, Shimla – Respondent


Advocate Appeared:
For the Appellant :Sh. Anuj Nag, Advocate
For the Respondent:Sh. Ashok Sharma, Advocate General With Sh.Rajinder Dogra, Senior Additional Advocate General, Sh. Vinod Thakur, Additional Advocate General, Sh. Bhupinder Thakur, Sh. Yudhbir Singh Thakur, deputy advocate generals And Sh. Rajat Chauhan, Law Officer, Sh. K.D. Sood, Senior Advocate With Sh. Het Ram, Advocates.

ORDER :

Notice. Mr. Rajat Chauhan, learned Law Officer and Mr. Het Ram, Advocate, appear and waive service of notice on behalf of the respective respondents.

2. The instant petition has been filed for grant of the following substantive reliefs:-

    “i) That this Hon’ble Court may kindly be pleased to issue writ to certiorari, mandamus or any other writ, order of direction in favour of the petitioner and against the respondents by quashing the impugned office order dated 03-01-2019 passed by the respondent No.2 that is annexure P-8 and 04-08-2014 that is annexure P-5 passed by the respondents as there is an error apparent on the face of the record.

(ii) That this Hon’ble Court may kindly be pleased to issue writ of mandamus or any other order of direction in favour of the petitioner and against the respondents to the effect by directing them to grant salary for a period of 395 days treating it as a medical leave.”

3. By medium of this petition, the petitioner has questioned the legality and validity of the action of the respondents vide which they have not granted the medical benefits of medical leave for 395 days i.e. with effect from 01.06.2013 to 30.06.2014.

4. Prima facie, the instant p

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