Dr. Vishwa Nath Sharma vs State Of H.P And Others

Mohammad Rafiq, CJ

This matter was filed by Dr. Vishwa Nath Sharma originally as an Original Application before the H.P. Administrative Tribunal at Shimla and on the abolition of the said Tribunal, the same has been transferred to this Court.

The prayer in this petition made by the petitioner is that the respondents be directed to pay the benefits of fixation of pay, regular increments and NPA etc. to him as per the order passed in CWP(T) No.12595 of 2008 with interest @ 12% per annum.

The respondents in the reply filed to the writ petition on

07.2017 have submitted that in compliance to the aforesaid judgment, the pay of the petitioner has been fixed vide office order dated 09.05.2017 and further disbursal of the amount with regard to pay fixation would be made by the District Ayurvedic Officer, Kangra. Since the relief has been granted to the petitioner, hence, the petition is not maintainable. District Ayurvedic Officer, Kangra had endorsed the fixation to the office of Sub-Divisional Ayurvedic Officer, Nurpur, District Kangra on 19.05.2017 for making payment in favour of the petitioner being the Controlling Officer of the petitioner, under whose establishment, the petitioner had worked.

Since the desired relief has already been granted to the petitioner, the present petition has been rendered infructuous and is disposed of accordingly. Pending miscellaneous application(s), if any, also stand disposed of.

However, in case any further grievance of the petitioner survives, it is open for him to again approach the respondents, who shall consider and decide any such application made by the petitioner by a speaking order.