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Judgment
15 paragraphs · 313 wordsSandeep Sharma, J
By way of present execution petition filed under Rule 16 of the Writ Jurisdiction (High Court of HP) Rules, 1997, prayer has been made on behalf
of the petitioner for implementation and execution of order/judgment dated 5.12.2018, passed by the Erstwhile HP State Administrative Tribunal in OA
No. 6637 of 2018, whereby the Tribunal below having taken note of the statement made by the learned counsel for the petitioner that case of the
petitioner case is squarely covered by the judgment dated 28.7.2010, passed in CWP No. 2735 of 2010, titled Rakesh Kumar v. State of HP and Ors
(a/w connected matters), directed the respondents to consider the case of the applicant strictly in light of aforesaid judgment and grant similar benefit
to her, if she 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.
Mr. Arvind Sharma, learned Additional Advocate General 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 positively complied with within a period of three weeks.
Consequently, in view of the fair stand adopted by the learned Additional Advocate General, 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 sought to be executed in the instant
proceedings, within a period of three weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action is
taken towards implementation of the judgment.
