Gulshan Kumar vs Manmohan Singh And Another

Sandeep Sharma, J

By way of present petition filed under S. 17 of Administrative Tribunals Act, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally violated order dated 23.11.2017 passed by erstwhile Himachal Pradesh Administrative Tribunal in TA No. 1205 of 2015 titled Gulshan Kumar vs. The State of Himachal Pradesh and others, whereby learned Tribunal below, allowed the Original Application and directed the respondents to regularize services of the petitioner in accordance with law, with effect from 1.1.2009 with all consequential benefits, within two months from the date of production of a certified copy of the order. Since no action, whatsoever, came to be taken by the respondents in pursuance to order alleged to have been violated, petitioner has filed the instant contempt petition.

Learned Additional Advocate General states, on instructions that the State filed CWP No. 2439 of 2018, titled as State of Himachal Pradesh and others vs. Gulshan Kumar, which is pending adjudication before this Court and no stay has been granted in the same, as such, he undertakes on behalf of the respondents to comply with the order in question, within two weeks.

Having taken note of the fair stand adopted by learned Additional Advocate General, 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 in question, within a period of two weeks from today. Needless to say, petitioner shall be at liberty to get the present 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.