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Dev Raj & Ors vs Amitabh Avasthi & Anr

High Court Of Himachal Pradesh · Decided on 6 March 2023 · Citation: (2023) 03 SHI CK 0020

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
COPC No. 444 Of 2022
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Judgment

5 paragraphs · 236 words

Jyotsna Rewal Dua , J

1.

In compliance to order dated 28.02.2023, the respondents have placed on record detailed instructions dated 06.03.2023, alongwith relevant documents.

2.

According to the respondent-department, the judgment in question stands complied with by issuing office order dated 31.12.2022, whereunder the petitioners have been regularized on notional basis w.e.f. 01.10.2017 and financial benefits have been allowed to them from actual dates of their joining.

3.

Learned counsel for the petitioner submits that office order dated 31.10.2022 is not in consonance with the judgment dated 21.09.2021 passed in CWP No.4206/2019. According to learned counsel, the petitioners are entitled to actual financial benefits w.e.f. 01.10.2017. Another contention projected by learned counsel is that petitioner No.2-Sh.Firoz Khan was entitled to be regularized as Class-III employee, whereas he has been regularized as Class-IV employee in office order dated 31.12.2022.

4.

In view of above, learned counsel for the petitioner seeks permission to withdraw the present contempt petition with liberty to assail consideration/office order dated 31.12.2022. Prayer is not opposed by learned Additional Advocate General. Accordingly, in light of passing of office order dated 31.12.2022 & the prayer made by learned counsel for the petitioner, this contempt petition is closed. Notices issued to the respondents are discharged. However, petitioners shall be at liberty to seek appropriate remedy for redressal of their grievances against office order dated 31.12.2022. Pending miscellaneous application(s), if any, shall also stand disposed of.