High CourtsSingle Bench

Jagdish Chand vs Managing Director HRTC And Another

High Court Of Himachal Pradesh · Decided on 24 December 2020 · Citation: (2020) 12 SHI CK 0164

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Himachal Pradesh (Original Side) Rules, 1997 — Rule 16(1)
CASE NUMBER
Execution Petition No.494 Of 2020
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Judgment

15 paragraphs · 308 words

Sandeep Sharma, J

Through Video Conferencing

1.

By way of present execution petition filed under Clause 16(1) of the HP High Court Original Side Rules 1997, prayer has been made on behalf of

the petitioner for implementation and execution of order/judgment dated 14.05.2019, passed by the Erstwhile HP State Administrative Tribunal in OA

No. 1941 of 2019, whereby the Tribunal below having taken note of the statement made by the learned counsel for the petitioner that his case is

squarely covered by the judgment dated 17.7.2014, passed in CWP No. 3050 of 2014, titled Nek Ram v. State of HP and Ors, directed the

respondents to consider the case of the applicant strictly in light of aforesaid judgment and grant similar benefit to him, if he is found similarly situate

within a period of three months from the date of production of certified copy of the order. Since no action, whatsoever, came to be taken at the behest

of the respondents pursuant to aforesaid direction issued by the Tribunal, petitioner has approached this Court in the instant proceedings.

2.

Mr. Ajay Chauhan, learned counsel for the respondents states that though he has every reason to presume that by now, order/judgment alleged to

have been violated, must have been complied with in its totality, but if not, same would be definitely complied with within a period of four weeks.

3.

Consequently, in view of the fair stand adopted by the learned counsel for the respondents, this Court sees no reason to keep present petition alive

and accordingly, same is disposed of with direction to the respondents to do the needful in terms of judgment alleged to have been violated within a

period of four weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action towards implementation

of the judgment is taken.