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Judgment
8 paragraphs · 355 wordsVivek Singh Thakur, J
This contempt petition has been filed for violation of order dated 01.12.2017, passed by H.P. State Administrative Tribunal, in O.A. No.6036 of 2017, whereby Department was directed to consider the case of the petitioner in light of judgment dated 23.04.2015, passed in CWP No.7140 of 2012, titled Gian Singh versus State of H.P. and others and judgment passed in CWP No.1044 of 2015, subject to verification and on finding that the applicant-petitioner is similarly situated to the petitioner(s) in those cases and if so, to extend the benefit of those judgments to the present petitioner. The decision was to be taken by the concerned authority within three months from the date of production of the copy of judgment dated 01.12.2017 by the applicant-petitioner before the competent authority.
Response to the contempt petition has also been filed, wherein an unconditional, unqualified and sincere apology has been tendered by the respondent for any disobedience or violation of the order dated 01.12.2017 passed by the erstwhile Tribunal. It is further stated that vide order dated 28.03.2018, claim of the petitioner stands rejected after due consideration.
Though there is delay in compliance of the judgment dated 01.12.2017, passed by the erstwhile Tribunal, however, in this regard the apology tender on behalf of the respondents, is accepted.
Now, as a matter of fact, rightly or wrongly, in compliance of judgment dated 01.12.2017, passed by erstwhile Tribunal, case of the petitioner stands considered and rejected by the competent authority. Therefore, now the only remedy available to the petitioner is to assail the order dated 28.03.2018 by filing appropriate writ petition.
In view of the above, present contempt petition is closed and disposed of, with liberty to the petitioner to file a comprehensive petition for redressal of his grievances, if still survive, as per legal advise, within a reasonable period.
Needless to say that for filing fresh petition, delay and laches shall not come in the way of the petitioner, as he was bonafide agitating his case in present contempt petition.
Pending miscellaneous application(s), if any, shall also stand disposed of.