Jai Pal And Others vs Ajay Kumar And Another

Ajay Mohan Goel, J

Notice. Mr. Sanjeev Sood, learned Additional Advocate General accepts notice on behalf of the respondents.

By way of this petition, the petitioners allege willful disobedience of the order passed by the erstwhile learned H.P. Administrative Tribunal in O.A. No.3517 of 2018, titled as Jai Pal and others Versus State of Himachal Pradesh and others, dated 28th June, 2018, which Original Application stood disposed of by the learned Tribunal in the following terms: -

"The learned counsel for the applicants submits at the very outset that the respective cases of the applicants are squarely covered under judgment dated July 26, 2017, Annexure A-3, rendered by the Hon'ble High Court of Himachal Pradesh in LPA No.69 of 2017, State of H.P. & others Versus Sh. Sita Ram & another, as implemented vide letter dated 23.02.2018, Annexure A-4.

The learned Additional Advocate General states that subject to verification of records, if it is found that the applicants are similarly situate as the beneficiaries in the aforesaid LPA No.69 of 2017, their cases shall be considered accordingly.

In view of the above, the original application is disposed of in terms of the aforementioned judgment in LPA No.69 of 2017, with a direction to the respondents/competent authority that subject to the above verification and on finding the applicants to be similarly situate as above, benefit of the said judgment, if the same has attained finality/implemented, shall also be extended to them alongwith consequential benefits, if any, as per law, within three months from the date of production of certified copy of this order before the said authority by the applicants."

At the very outset, learned Additional Advocate General has taken an objection with regard to the maintainability of the present contempt petition on the ground that the same is barred by limitation.

Be that as it may, this contempt petition is disposed of with a direction that appropriate order by the competent authority be passed in terms of the directions, as are contained in the order so passed by the learned Tribunal, quoted hereinabove, positively, on or before 31st December, 2020. It goes without saying that in case the petitioners are still aggrieved by the order so passed by the competent authority, then they shall be at liberty to assail the same, in accordance with law.

The contempt proceedings are accordingly closed. Notice discharged.