Anand Sharma vs Dinesh Malhotra And Ors

Sandeep Sharma, J

By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed the directions contained in order/judgment dated 11.7.2017, passed by the Erstwhile HP State Administrative Tribunal in OA No. 3261 of 2017, whereby the Tribunal below having taken note of the statement made by the learned counsel for the petitioner that his case is squarely covered by the judgment dated 17.7.2014, passed by this Court in CWP No. 3050 of 2014, titled Nek Ram v. State of HP and Ors., disposed of the petition with direction to the respondents/competent authority to consider the case of the applicant in light of aforesaid judgment and thereafter, grant similar benefit to him in case he is found to be similarly situate within a period of three months from the date of production of certified copy of the order. Since no action, whatsoever, came to be taken at the behest of the respondents pursuant to aforesaid direction issued by the Tribunal, petitioner has approached this Court in the instant proceedings.

Having heard learned counsel for the parties and perused reply filed on behalf of respondent No.1, this Court finds that judgment alleged to have been violated stands duly complied with. Careful perusal of Annexure R-1 annexed with the reply reveals that cheque bearing No.095737 dated 13.3.2018 drawn at Union Bank of India, amounting to Rs. 10,00,000/-on account of payment of retirement gratuity to the petitioner stands handed over to the petitioner, who otherwise has already got his cheque encashed as is evident from the statement of accounts annexed with the aforesaid communication. Similarly, this Court finds that vide cheque No. 003505 dated 2.5.2018 drawn on IDBI Bank Barog Branch, sum of Rs. 6,50,000/- has been paid to the petitioner on account of leave encashment.

Since entire amount in terms of judgment alleged to have been violated stands released in favour of the petitioner, this Court sees no reason to keep the present petition alive and accordingly same is closed. Notices issued to respondents are discharged at this stage. However, before parting, this Court wishes to observe that remaining amount, if any, on account of retiral benefits, if not already paid, shall also be released in favour of the petitioner, expeditiously, within a period of three weeks.