Pratap Singh vs State Of H.P. And Another

Ajay Mohan Goel, J

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. 881 of 2018, titled as Pratap Singh v/s State of H.P. and another, dated 10.05.2018, which original application stood disposed of by the learned Tribunal in the following terms:-

"3. The applicants claims the benefit of judgment passed by the Hon'ble High Court of Himachal Pradesh in CWP(T) No. 5253 of 2008, Narain Singh Versus State of Himachal Pradesh and others, decided on 21.04.2010 (Copy is taken on record). Learned Counsel for the applicant submits that the said judgment has become final and implemented also.

If that is so, the present original application is disposed of with a direction to the respondents/ competent authority to consider the case of the applicant also, strictly in view of the principles laid down in the judgment cited within three months from the date of production of certified copy of this order as well as copy of judgment referred to above before the respondents/competent authority."

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 within a period of four weeks from today, 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 applicant shall be at liberty to revive this execution petition by filing appropriate application in this regard.

The execution petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.