Bhag Singh vs State Of H.P. And Others

Sandeep Sharma, J

By way of instant Execution Petition filed under Rule 16 of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/ execute the judgment/order dated 9.5.2018, passed by erstwhile H.P. State Administrative Tribunal in OA (M) No. 278 of 2018, titled as Bhag Singh versus State of H.P. and others.

Careful perusal of aforesaid order/judgment (Annexure E-1) alleged to have been violated, reveals that learned Tribunal below having taken note of the statement made by learned counsel representing the petitioner that the case of the petitioner is squarely covered under office Memorandum dated 18th September 2017, issued by the Government of Himachal Pradesh, Department of Finance (Pension),disposed of the original application with a direction to the respondents / competent authority to grant benefit of aforesaid office memorandum dated 18th September, 2017 to the petitioner, 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/judgment. Since, despite there being specific direction to do the needful within a period of three months, respondents have failed to grant the benefit to the petitioner in terms of the Office memorandum dated 18th September, 2017 issued by the Government of Himachal Pradesh, petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General while accepting notice on behalf of the respondents, states that though he has every reason to believe and presume that by now aforesaid office memorandum alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of four weeks from today.

Consequently, in view of the fair statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of judgment/order dated 9th May 2018, passed by learned Tribunal below in OA (M) No. 278 of 2018, positively within a period of four weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/ order, sought to be executed in the instant proceedings.