Lazya Devi vs State Of Himachal Pradesh & Others

Sandeep Sharma, J

By way of instant Execution Petition filed under Rule 16 of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/execute the judgment/order dated 19.3.2019 passed by Erstwhile H.P. State Administrative Tribunal in OA (D) No. 221 of 2018, whereby learned Tribunal below while allowing the original application, having been filed by the petitioner, directed the respondents to release gratuity amount with interest at the rate of 9% per annum to the petitioner from the due date till payment within two months. Since more then one year has passed and no efforts, if any, ever came to be made on behalf of the respondents for implementation of aforesaid judgment/ order, petitioner has approached this Court in the instant proceedings.

Mr. Kunal Thakur, learned Deputy Advocate General, while accepting notice on behalf of the respondents, states that though he has every reason to believe and presume that by now aforesaid judgment/order, alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of four weeks from today.

Consequently, in view of the fair stand adopted by learned Deputy Advocate General representing the respondents, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of judgment/ order dated 19. 3.2019 passed by learned Tribunal below in OA (D) No.221 of 2018, within a period of four weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/ order, sought to be executed in the instant proceedings. Copy of the petition, if not supplied, be supplied to the learned Deputy Advocate General during the course of the day, enabling him to do the needful well within stipulated time.