Mool Raj vs Rajesh Sharma

Sandeep Sharma, J

By way of present petition filed under Rules 10/12 of the Contempt of Courts Rules read with Art. 215 of the Constitution of India, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally violated order dated 1.6.2017 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 2449 of 2017, titled as Mool Raj vs. State of HP and others, whereby learned Tribunal below passed an interim direction to the respondents/competent Authority to consider the case of the petitioner for grant of work charge status on completion of eight years' service at par with his similarly situate counterparts in terms of office order dated 12.8.2015 (Annexure P-2 of the Original Application) at an early date.

Perusal of the reply filed by the respondents shows that case of the petitioner was duly considered by the respondents and same stands rejected vide order dated 15.9.2017 (Annexure P-2/B) on the ground that the Department does not have a work charge establishment. Since the case of the petitioner stands considered and rejected, this court does not find any action of the respondent contumacious in nature and as such, no fruitful purpose would be served in keeping the present proceedings alive.

In view of above, present proceedings are closed. Notice issued to the respondent is discharged. Petitioner shall be at liberty to file appropriate proceedings in appropriate court of law, qua his surviving grievances, if any.