Karam Chand And Another vs Sanjay Kumar

Ajay Mohan Goel, J

With the consent of the parties, this contempt petition was heard and is being disposed of today itself.

The petitioners herein filed an Original Application before the learned Erstwhile Tribunal, i.e. O.A. No. 2721 of 2015, which stood disposed of by the learned Tribunal vide order dated 24.8.2015 in the following terms:

"The learned Counsel for the applicants states at the very outset that the respective cases of the applicants are squarely covered under common judgment dated 21.12.2010, Annexure A-6, rendered by the Hon'ble High Court of Himachal Pradesh in CWP(T) No. 8964 of 2008, Prem Raj and others Versus State of Himachal Pradesh and others.

The learned Deputy Advocate General states that subject to verification of records, if it is found that the applicants are similarly situate as the petitioners in CWP (T) No. 8964 of 2008, their cases shall also be considered accordingly.

In view of the above, the original application is disposed of in terms of the common judgment in CWP (T) No. 8964 of 2008, 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 and implemented, shall also be extended to them alongwith consequential benefits, it any, as per law, without any discrimination, within three months from the date of production of certified copy of this order by the applicants."

As the order so passed by learned Tribunal was not complied with, this contempt petition was filed by the petitioners before the learned Tribunal, which now stands transferred to this Court after abolition of the Tribunal.

A perusal of the response which has been filed to the contempt petition demonstrates that the stand taken therein by the respondents is that the order which was passed by the learned Tribunal in the original application i.e. order dated dated 24.08.2015 in O.A. No. 2721 of 2015, filed by the present petitioners was assailed by way of a writ petition before this Court and the operation of the order was stayed by this Court.

Today, learned Counsel for the petitioners informs the Court that the writ petition so filed by the State i.e. CWP No. 1592 of 2016 stands dismissed by this Court on 30.06.2016.

In the said factual matrix, as prayed for, this petition is disposed of with the direction to the respondent to comply with the order, which stood passed by learned Tribunal in O.A. No. 2721 of 2015 on 24.08.2015, in letter and spirit, within a period of four weeks from today.

It is made clear that this Court has not expressed any view on the merit of the case and the respondent shall pass appropriate order strictly in terms of order dated 24.08.2015 passed by learned Tribunal in O.A. No. 2721 of 2015.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any. Notice discharged.