Gauri Urav vs State Of H.P. & Others

 Sandeep Sharma, J

By way of instant Execution Petition filed under Rule 16 of the H.P. High Court Original Side Rules, prayer has been made on behalf of the

petitioner for issuance of directions to the respondents to implement/execute the judgment/order dated 5.12.2018, passed by the Erstwhile H.P. State

Administrative Tribunal in OA No.6638 of 2018, titled as Gauri Urav versus State of Himachal Pradesh and others.

Careful perusal of aforesaid order/judgment, alleged to have been violated, (Annexure EÂ1), reveals that learned Tribunal below having taken note

of the statement made by the learned counsel representing the petitioner that the case of the petitioner is squarely covered under the common

judgment dated 19.4.1994, passed by Hon’ble Supreme Court in Writ Petition (Civil) No. 787 of 1987, titled as Mool Raj Upadhyaya versus State

of H.P. and others and the connected matters ( 1994 Supp (2) Supreme Court Cases 316), disposed of the original application with a direction to the

respondents/ competent authority to grant benefit of aforesaid judgment to the petitioner, if he is found to be similarly situate, within a period of three

months from the date of production of certified copy of the order/judgment. Since despite there being specific direction to do the needful within a

period of three months, respondents have failed to grant the benefit to the petitioner in terms of the judgment passed by Hon’ble Apex Court in

Writ Petition (Civil) No. 787 of 1987 and the connected matters, petitioner has approached this Court in the instant proceedings.

Learned Additional Advocate General while accepting notice on behalf of the respondents, states that though he has every reason to believe and

presume that by now aforesaid judgment/order alleged to have been violated, must have been complied with, but if not, same would be complied with

within a period of three weeks from today.

Consequently, in view of the fair statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition

alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of judgment/ order dated 5.12.2018

passed by learned Tribunal below in OA No. 6638 of 2018, within a period of three weeks, if not already done, failing which, petitioner would be at

liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/

order, sought to be executed in the instant proceedings.