Pratap Singh vs Yunus

Ajay Mohan Goel, J

Notice. Ms. Shubh Mahajan, learned counsel, accepts notice on behalf of the respondent.

By way of this contempt petition, the petitioner has alleged willful disobedience of the order passed in OA No.7788 of 2018, titled as Pratap Singh Versus Himachal Road Transport Corporation and another, dated 02.01.2019, which petition stood disposed of by the erstwhile learned Himachal Pradesh Administrative Tribunal, in the following manner:-

"The applicant claims the benefit of judgment passed by the Hon'ble High Court of Himachal Pradesh in CWP No.3050 of 2014, Nek Ram Versus State of Himachal Pradesh and others, decided on 17.7.2014, Annexure A-1. Ms. Bharti Kashyap, Advocate appearing vice Ms. Shubh Mahajan, Learned Standing Counsel submits that the factual aspects are to be verified and if the applicant is found similarly situate, benefit of the judgment referred to above, shall be extended to him.

In view of the above, the present original application is disposed of with a direction to the respondents/competent authority to extend the benefit of the judgment referred to above, to the applicant herein, in case he is similarly situate, within three months from today. The applicant shall produce a certified copy of this order as well as copy of the judgment referred to above before the respondents/competent authority within a week."

Learned counsel appearing for the respondent submits that directions so passed by the erstwhile learned Himachal Pradesh Administrative Tribunal, shall, positively, be complied with, within a period of eight weeks from today. She has also tendered unconditional apology on behalf of the respondent/contemnor for delay in compliance of the Court order, which apology is taken on record.

Accordingly, this contempt petition is disposed of with a direction that needful in terms of the directions passed by the erstwhile learned Himachal Pradesh Administrative Tribunal, in OA No.7788 of 2018, titled as Pratap Singh Versus Himachal Road Transport Corporation and another, dated 02.01.2019, be done positively, on or before 31st December, 2020.

It is clarified that in case needful is not done in terms of the aforesaid order passed by the erstwhile learned Himachal Pradesh Administrative Tribunal, in OA No.7788 of 2018, on or before 31st December, 2020, then the petitioner shall be at liberty to revive this petition by simply filing an application in this regard.

The contempt proceedings are accordingly closed. Notice discharged.