Bansi Lal vs Devesh Kumar & Others

Vivek Singh Thakur, J

This contempt petition has been filed for non-compliance of order dated 30th October, 2017 passed in OA No. 5576 of 2017 titled Bansi Lal vs. State of HP whereby the OA was disposed of in terms of judgment passed by Division Bench in CWP No. 2735 of 2010 titled Rakesh Kumar vs. State and others with direction to competent authority that subject to verification and on finding the applicant to be similarly situated, benefits of said judgment shall also be extended to petitioner along with consequential benefits within a period of three months.

2 In response to present petition, along with reply office order dated 12.9.2018 has been placed on record whereby case of petitioner has been considered rightly or wrongly by taking into consideration the case narrated in order. It has been concluded by competent authority that petitioner is not entitled for conferment of work charge status as per Rakesh Kumar’s case because petitioner had completed his eight years service on 31.12.2007 whereas work charge establishment ceased to exist in the department after 12.12.2005.

3 The issue with respect to conferment and entitlement of work charge establishment in the department with respect to petitioner has not been considered and decided in the main petition and case of petitioner rightly or wrongly stands rejected after considering the same in compliance of order passed by Court.

4 In view of above, present petition is closed and disposed of with liberty to petitioner to file fresh appropriate petition for redressal of his grievances including assailing the office order dated 12.9.2018 and to agitate the validity and justifiability of reason assigned for rejection of claim of petitioner.

5 In case petition is preferred within reasonable period then delay and latches or limitation shall not come in way of petitioner as he was agitating his cause by filing the contempt petition before Erstwhile H.P. State Administrative Tribunal which has been received and re-registered in this Court after abolition of the Erstwhile H.P. State Administrative Tribunal.