Deepak Saini vs State And Anr

Jyotsna Rewal Dua, J

Petitioner has prayed for execution of decision rendered on 13.01.2012 in CWP(T) No.13833/2008 (Deepak Saini Vs. State of H.P. & Anr.). Following operative direction was issued in the decision:-

“11. Accordingly, in veiw of the observations and discussions made hereinabove, Annexure A-8, dated 4th February, 2005 is quashed and set aside. The petitioner will be deemed to have been regularized as Manager Marketing and Procurement w.e.f. 18.05.1998 with all the consequential benefits. The needful shall be done within a period of ten weeks from the date of production of a certified copy of this judgment by the petitioner. The pending application(s), if any, also stands disposed of.”

2 On 27.06.2023, it was projected on behalf of the respondents that a Special Leave Petition is pending against the judgment in question before the Hon’ble Apex Court. However, it was also submitted that there was no stay against the implementation of the judgment. Following order was passed in the matter on the said date:-

“Learned counsel for the respondents submit that a Special Leave Petition is pending against the judgment in question before the Hon’ble Apex Court. Learned counsel candidly submit that there is no stay against the implementation of the judgment. Mere pendency of the appeal or application for staying the operation of the judgment will not come in the way of execution of the judgment.

At the request made by learned Additional Advocate General, list the matter on 03.07.2023, to enable him to obtain instructions with respect to compliance of the judgment.”

On the next date of listing i.e. 03.07.2023, learned Additional Advocate General assured the implementation of the judgment in question within one week. The matter was ordered to be listed on 13.07.2023. It was informed on 13.07.2023 that services of the petitioner have been regularized w.e.f. 18.05.1998 vide order dated 13.07.2023. The order, however, did not mention anything about grant of consequential benefits. Hence following order was passed in the matter on 13.07.2023:-

“Learned Additional Advocate General has placed on record a copy of office order dated 13.07.2023, operative part of which reads as under:-

“Therefore, keeping in view the foregoing discussions, the factual position and in compliance to orders dated 13.01.2012 of the Hon’ble High Court, passed in CWP(T) No.13833/2008 & orders dated 03.07.2023 of the Hon’ble High Court, passed in Execution Petition No.34 of 2023, the undersigned orders to regularize the services of Sh. Deepak Saini w.e.f. 18.05.1998, subject to final verdict of Hon’ble Supreme Court of India in SLP No.11193 of 2018.”

The above order does not make any reference to the consequential benefits allowed to the petitioner in terms of the judgment in question. Learned Additional Advocate General seeks two days time to obtain fresh instructions in that regard. As prayed for, list on 17.07.2023.”

Today, when the matter was taken up, learned Additional Advocate General placed on record instructions memo dated 17.07.2023 issued by the Secretary (Animal Husbandry) to the Government of Himachal Pradesh addressed to the learned Additional Advocate General. Relevant portion of which reads as under:-

“In continuation to this Department’s letter of even No. dated 15.07.2023, on the subject cited above, it is intimated that vide this Department’s letter dated 17.07.2023 (copy enclosed) Respondent No.2 i.e., Managing Director, HP Woolfed, Shimla-9 has been directed to release the consequential benefits in favour of the Petitioner without any restriction, as per order dated 13.01.2012 of the Hon’ble High Court passed in CWP(T) No.13833 of 2008. Hon’ble High Court may please be apprised accordingly.”

In terms of above communication, respondent No.1 has directed respondent No.2 i.e. Managing Director, HP Woolfed, Shimla-9 to release consequential benefits in favour of the petitioner without any restriction as per order dated 13.01.2012 passed in CWP(T) No.13833 of 2008. Learned Additional Advocate General also assured that in terms of above direction, respondent No.2 shall release all consequential benefits due to the petitioner in terms of the judgment in question within two weeks from today. His statement is taken on record. In view of orders dated 13.07.2023, the instructions memo dated 17.07.2023 & the submissions/assurances given by learned Additional Advocate General, present contempt proceedings are closed. Notices issued to the respondents are discharged. It is however, clarified that release of benefits to the petitioner shall abide by the final outcome of the Special Leave Petition, which is stated to be pending before the Hon’ble Apex Court.

The present petition is disposed of in above terms. Pending miscellaneous application, if any, shall also stand disposed of.