IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4291 of 2010. Decided on: 29th July, 2010. O.P. Mukhija. ….. Petitioner. Versus The State of Himachal Pradesh and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Vikas Bhardwaj, Advocate. For the respondents : Mr. R.K. Sharma, Senior Additional Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): The writ petition is filed with the following prayers:- “(b) That the respondents may kindly be directed by issuance of writ in the nature of mandamus to grant retiral/pensionary benefits to the present petitioner in respect of the qualifying service rendered by him in the Department of Animal Husbandry, Government of Himachal Pradesh, with all consequential benefits, by treating the case of the present petitioner at par with the other employees, whose services were transferred/absorbed in the HPMILKFED, and in whose favour the decisions, as mentioned in the body of the petition, have been rendered by this Hon’ble Court. (c ) That arrears of pensionary dues be ordered to be paid to the petitioner from the due date alongwith interest at the rate of 12% p.a.” 2 2. According to the petitioner, the issue in principle, is covered by the decisions of this Court in CWP No. 1781/2002 dated 4.7.2008 and CWP No. 1635/2002 dated 24.02.2009. In case the petitioner is similarly situated as the petitioner therein, petitioner will also be entitled to a similar treatment. The relief cannot be denied only on the ground that the decision in the said case is confined only to the petitioner therein. It is a principle that has been settled by this court. It is also to be seen that the principle has been reiterated by this Court in the judgment CWP No. 1635/ 2002 dated 24.2.2009. Therefore, we set aside Annexure P-6 with direction to the third respondent to consider Annexure P-5 afresh and take appropriate action in the light of the observations contained in this judgment, within a period of two months from the date of production of the copy of this judgment along with the copy of the writ petition. Petition stands disposed of. Copy dasti, on usual terms. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 29th July, 2010. (bhupender/K. Attri)