Ghanshyam Singh vs State Of Himachal Pradesh And Others

Sandeep Sharma, J

By way of instant petition filed under Rule 16(1) of HP Hon'ble Court Original Side rules, 1997, prayer has been made for the execution of order dated 2.5.2019 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 1760 of 2019 titled Ghanshyam Singh vs. State of Himachal Pradesh and others, whereby learned Tribunal, having taken note of the statement made by learned Counsel appearing for the petitioner that his case is squarely covered by judgment dated 7.8.2015 rendered by this Court in CWP No. 2549 of 2015, Hem Raj Sharma vs. State of H.P. and others followed in judgment dated 16.9.2016 passed in CWP No. 2638 of 2015, Devi Saran vs. State of H.P. & others, disposed of the Original Application with a direction to the respondents to extend benefit of aforesaid judgment to the petitioner within three months from the date of production of a certified copy of order, subject to his being similarly situate person. Since no action came to be taken in the matter after lapse of considerable period, petitioner has filed the instant petition for execution of order in question.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, appearing for the respondents, states that though he has every reason to believe that the order in question stands implemented, but if not, same would be complied with, within a period of three weeks.

Consequently, in view of the fair stand taken by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and same is disposed of with a direction to the respondents to do the needful in terms of order in question, within three weeks, failing which petitioner would be at liberty to get the present petition revived, so that appropriate steps towards execution of the order in question are taken. Petition stands disposed of in above terms.