Anita Sharma vs State Of HP And Anr

Sandeep Sharma, J

By way of present execution petition filed under Clause 16(1) of the HP High Court Original Side Rules, 1997, prayer has been made on behalf of

the petitioner for implementation and execution of order/judgment dated 1.11.2018, passed by the Erstwhile HP State Administrative Tribunal in OA

No. 6443 of 2018 titled Narpat Sharma v. State of HP and Ors, whereby the Tribunal below having taken note of the statement made by the learned

counsel for the petitioner that case of the petitioner is squarely covered by judgment dated 21.4.2010, passed by this Court in CWP(T) No. 5253 of

2008, titled Narain Singh v. State of HP and Ors, further modified by the Division Bench of this Court, vide judgment dated 1.9.2015 in LPA No. 146

of 2010, State of HP and Ors v. Narain Singh, directed the respondents to consider the case of the applicant strictly in light of aforesaid judgment and

grant similar benefit to her, if she is found 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.

Despite repeated opportunities, no reply on behalf of the respondents has been filed. Mr. Arvind Sharma, learned Additional Advocate General,

appearing for the respondents states that though he has every reason to presume that by now, order/judgment alleged to have been not implemented,

must have been implemented in its totality, but if not, same would be definitely complied with within a period of three weeks weeks.

Consequently, in view of the fair stand adopted by the learned Additional Advocate General, this Court sees no reason to keep present petition alive

and accordingly, same is disposed of with direction to the respondents to do the needful in terms of judgment alleged to have been not implemented

within a period of three weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action towards

implementation of the judgment is taken.