Nand Kishore vs State Of H.P.& 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 31.8.2018, passed by erstwhile H.P. State

Administrative Tribunal in OA No.5142 of 2018, titled as Nand Kishore versus State of Himachal Pradesh & others.

Careful perusal of aforesaid order/judgment (Annexure E-1) alleged to have been violated, reveals that learned Tribunal below having taken note of

the statement made by learned counsel representing the petitioner that the case of the petitioner is squarely covered under the judgment dated

30.6.2016, passed by learned Tribunal below in OA No.412 of 2016, titled Ashwani Kumar versus The State of Himachal Pradesh and others ,

disposed of the original application with a direction to the respondents / competent authority to grant benefit of aforesaid judgment to the petitioner, if

he is found to be similarly situate, within a period of three months from the date of production of certified copy of the order/judgment. Since, despite

there being specific direction to do the needful within a period of three months, respondents have failed to grant the benefit to the petitioner in terms of

the judgment passed by Tribunal below in Ashwani Kumar’s case supra, petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar learned Additional 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 statement made by learned Additional 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 31.8.2018 passed by learned Tribunal below in OA No. 5142 of 2018, positively 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.