Nasima vs Arun Sharma & Others

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed order/judgment dated 17th May, 2017, passed by erstwhile Himachal Pradesh Administrative Tribunal in TA No. 1172 of 2015, titled Nasima vs. The State of Himachal Pradesh and others, whereby learned Tribunal below, having taken note of the statement made by learned Counsel appearing for the petitioner that her case is squarely covered by judgment dated 7.7.2010 rendered by this Court in CWP(T) No.15038 of 2008, titled Virender Kumar and others versus 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, in case she is found to be similarly situate, within a period of two 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. Sudhir Bhatnagar, learned Additional Advocate General representing the respondents states that judgment alleged to have been violated has been duly complied with. Careful perusal of reply having been filed by the respondents clearly reveals that case of the petitioner has been duly considered and disposed of vide order dated 26.10.2018 (Annexure R­1).

Consequently, in view of the above, this Court sees no reason to continue with the aforesaid proceedings and accordingly, same are closed. However, liberty is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, if she is still aggrieved. Notices issued to the respondents are discharged at this stage.