IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 2236 of 2010 Decided on 29th June, 2010. Kanta Devi ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: Mr. P.P.Chauhan, Advocate For the Respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General ____________________________________________________________ Justice Kurian Joseph, C.J. (Oral) Petitioner has filed this writ petition with the following prayers:- (a) To issue a writ of certiorari or direction in nature thereof, quashing the impugned action of the respondent department whereby they are giving regular fictional breaks in the service of the petitioner, as unconstitutional and illegal and contrary to the law ; (b) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent No. 3 to stop giving fictional breaks in the service of the petitioner and allow the petitioner to work on the post continuously and fictional breaks given so far be directed to be ignored for all purposes and intents. 2. It is submitted that in view of the judgment of this court, rendered in CWP No. 4368 of 2009, Tarlok Singh Vs. State, the said fictional breaks cannot be made. 3. There will be a direction to the second respondent to look into the matter, in light of the judgment, referred to above, and take appropriate action within a period of one month on the production of copy of this judgment, copy of the writ petition and the copy of the judgment, referred to above. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice 29th June, 2010(K) (Justice Kuldip Singh), Judge