Ashok Kumar vs State Of H.P. & Ors

Sandeep Sharma, J

Through Video Conferencing

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 27.04.2018, passed by the Erstwhile HP State Administrative Tribunal in OA

(D) No. 294 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 31.7.2014, passed in CWP No. 2415 of 2012, titled Mathu Ram v. Municipal Corporation and Ors, directed

the respondents to consider the case of the applicant strictly in light of aforesaid judgment and grant similar benefit to him, if he 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.

Mr. Arvind Sharma, learned Additional Advocate General, representing the respondents states that though he has every reason to presume and

believe that by now, order/judgment alleged to have been violated must have been complied with in its totality, but if not, same would be definitely

complied with within a period of three weeks from today.

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 violated within a

period of three weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law

is taken against the respondents.