Mohan Lal vs State Of H.P. And Others

Ajay Mohan Goel, J

Notice. Mr. Sumesh Raj, learned Additional Advocate General accepts notice on behalf of the respondents.

With the consent of learned Counsel for the parties, this petition is taken up for consideration today itself.

By way of this petition, the petitioner has prayed for execution of the order passed by erstwhile learned Himachal Pradesh Administrative Tribunal in O.A. 1684 of 2016, titled as Mohan Lal v/s State of H.P. and others, dated 05.09.2017, which original application stood disposed of by the learned Tribunal in the following terms:-

"3. The learned Counsel for the applicant submits that the case of the applicant is squarely covered under judgment dated 24.09.2014 rendered by the Hon'ble High Court of Himachal Pradesh in CWP No. 7140 of 2012, Gian Singh Versus State of H.P. and others, (copy filed, which is is taken on record) as upheld vide judgment dated December 3, 2015, Annexure P-1/A, in LPA No. 194 of 2015, State of H.P. & Ors. Vs. Gian Singh.

The learned Deputy Advocate General states that subject to verification of records, if it is found that the applicant is similarly situate as the petitioner/beneficiary in the aforesaid judgments, his case shall also be considered accordingly.

In view of the above, the original application is disposed of in terms of the aforementioned judgments, with a direction to the respondents/ competent authority that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of the said judgments, if the same have attained finality and implemented, shall also be extended to him alongwith consequential benefits, if any, as per law, within three months from the date of production of certified copy of this order alongwith copy of the aforesaid judgment CWP No. 7140 of 2012 before the said authority by the applicant."

Having heard learned Counsel for the parties, this execution petition is disposed of at this stage itself by directing that the order passed by learned Tribunal be implemented by the respondents in letter and spirit by 30th of November, 2020, if not already implemented. It is clarified that this Court has not expressed any view on the merit of the case. In case appropriate orders are not passed within four weeks, then the petitioner shall be at liberty to revive this execution petition by filing appropriate application in this regard.