Gian Chand vs Ashok Tiwari And Another

Sandeep Sharma, J

By way of present petition filed under S. 17 of the Administrative Tribunals Act, 1985 read with Art. 215 of the Constitution of India, prayer has been made on behalf of the petitioner to initiate contempt proceedings against the respondents for willful and deliberate disobedience of order dated 26.7.2017 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 4711 of 2016, titled Gian Chand vs. Himachal Road Transport Corporation and others whereby learned Tribunal below while permitting petitioner to file a comprehensive representation for grant of benefit of additional increments, directed the respondents to do the needful on or before 15.8.2017, after having afforded opportunity of hearing to the petitioner. Though the petitioner, after passing of the aforesaid order by erstwhile Himachal Pradesh Administrative Tribunal, filed a detailed representation (Annexure C-2), dated 29.7.2017, but since no action, whatsoever, came to be taken by the respondents, petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Ms. Shubh Mahajan, learned Counsel appearing for the respondents fairly states that though she has every reason to believe that by now judgment/order dated 26.7.2017 must have been complied with by the respondents, but if not, same would be complied within a period of two weeks from today.

Having taken note of the fair stand adopted by learned Counsel appearing for the respondents, this Court sees no reason to keep the present proceedings alive and same are closed with a direction to the respondents to do the needful, if not already done, in terms of order dated 26.7.2017, within a period of two weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondents fail to comply with the order in question, so that appropriate action is taken against the erring officials. Notices issued to the respondents are discharged.