Barinder Singh vs State Of H.P. And Ors

Sandeep Sharma, J

By way of present execution petition filed under Clause 16 of the HP High Court (Original Side) Rules, prayer has been made on behalf of the petitioner for implementation and execution of order/judgment dated 27.6.2019, passed by the Erstwhile HP State Administrative Tribunal in OA No. 2527 of 2019 titled "Barinder Singh 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 his case is squarely covered by the judgment dated 15.6.2015, rendered by this Court of CWP No. 8953 of 2013, titled Joga Singh and Ors V. State of Himachal Pradesh and Ors (a/w connected matters), 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 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.

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 four weeks from today.

Consequently, in view of the fair stand taken 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 four 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 erring officials.