Om Prakash vs Kumad Singh & Another

Sandeep Sharma, J

By way of present Contempt Petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the

respondents for having intentionally and deliberately disobeyed the judgment dated 10.3.2021 passed by Division Bench of this Court in CWP No.5814

of 2020, titled as Om Prakash versus The Himachal Pradesh Tourism Development Corporation Ltd. and another.

Careful perusal of aforesaid judgment, alleged to have been violated, (Annexure C-1), reveals that Division Bench of this Court while disposing of

the petition, directed the respondents to release all the pensionary and retiral benefits to the petitioner within a period of three months from the date of

passing of judgment dated 10.3.2021. Since nothing has been done by the respondents pursuant to aforesaid judgment rendered by Division Bench of

this Court, petitioner has approached this Court in the instant proceedings.

Mr. Naresh Kaul, Advocate while accepting notice on behalf of the respondents on instructions states that pursuant to aforesaid direction contained

in judgment dated 10.3.2021, passed by Division Bench of this Court, all the pensionary benefits stands released in favour of the petitioner, whereas

some amount on account of gratuity is yet to be paid and same shall be paid within a period of three weeks from today.

Consequently, in view of the fair statement made by learned counsel 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 pay the balance amount, if any, on account of

gratuity or other dues alongwith up-to-date interest to the petitioner, within a period of three weeks, failing which, they would further aggravate the

contempt. Petitioner is at liberty to get the present proceedings revived in case aforesaid judgment is not complied with, so that appropriate action, in

accordance with law is taken against erring official. Notices issued to the respondents are hereby discharged accordingly.