Jagar Nath vs Abinder Chadha

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent/contemnor for having willfully and intentionally disobeyed order dated 2.3.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 539 of 2016, titled as Jagar Nath vs. State of Himachal Pradesh and others, whereby learned Tribunal below having taken note of the submission made by learned counsel for the petitioner that the case of the petitioner is squarely covered by the judgment rendered by this Court in CWP No.7140 of 2012, titled as Gian Singh versus State of H.P., and others decided on 24.9.2014 upheld by this Court in LPA No. 194 of 2015, titled State of H.P. & Ors. vs. Gian Singh, disposed of the Original Application with a direction to the respondent/competent Authority to extend the benefit of the aforesaid order/judgment to the petitioner, if found to be similarly situate, within a period of three months from the date of production of certified copy of the aforesaid order by the petitioner. Since no action, if any, ever came to be taken at the behest of the respondent pursuant to the aforesaid direction issued by Himachal Pradesh Administrative Tribunal, petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, learned counsel for the respondent states that though he has every reason to believe that by now judgment/order dated 2.3.2016 must have been complied with by the respondent, but if not, same would be complied within a period of three weeks from today.

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 disposed of with a direction to the respondent to do the needful, if not already done, in terms of order dated 2.3.2016, within a period of three weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondent fails to comply with the order in question, so that appropriate action in accordance with is law is taken against the erring officials. Notice issued to the respondent is discharged.