Desh Raj Verma vs Arun Sharma And Others

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed order/judgment dated 18.9.2017, passed by Erstwhile Himachal Pradesh Administrative Tribunal in OA No. 4535 of 2017, titled Desh Raj Verma vs. State of Himachal Pradesh and others, whereby learned Tribunal below, having taken note of the statement made by learned Counsel appearing for the petitioner that his case is squarely covered by judgment dated 5.7.2010, rendered by this Court in CWP(T) No.5759 of 2008 titled Subhash Chand and another versus State of Himachal Pradesh and others, disposed of the original application with the direction to the respondents/competent authority to grant benefit of aforesaid judgment to the petitioner, in case he is found to be similarly situate, within a period of three months from the date of production of certified copy of this 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.

Having heard learned Additional Advocate General and perused the reply filed by respondent No.3, Director of Elementary Education, Himachal Pradesh, this Court finds that pursuant to the judgment alleged to have been violated, case of the petitioner came to be considered by the competent authority, who after having found petitioner similar to the case of CWP(T) No.5759 of 2008, titled Subhash Chand versus State of Himachal Pradesh and other, has already issued directions to grant benefit of pay scale of Rs.1640­2925 to the petitioner, as is evident from Annexure R­1.

Consequently, in view of the above, nothing remains to be adjudicated in the present proceedings and as such, same are closed. Notices issued to the respondents are discharged at this stage.