Prem Chand vs Amar Dev

Ajay Mohan Goel, J

By way of this petition, the petitioner alleges willful disobedience of order dated 30.05.2018, passed by the erstwhile learned Himachal Pradesh

Administrative Tribunal in O.A. No. 3064 of 2018, titled as Prem Chand Vs. State of Himachal Pradesh and others, which stood disposed of by the

learned Tribunal in the following terms:

“4. The applicant claims the benefit of judgment passed by the Hon’ble High Court of Himachal Pradesh in CWP No. 7583/2010, Paras Ram

Vs. State of H.P. and another, decided on 30.08.2011, Annexure AÂ​ 5. Learned Additional Advocate General submits that 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 he is similarly situate, within three months from today. The applicant shall produce certified

copy of this order as well as copy of the judgment referred to above before the respondents/competent authority within a week.â€​

Learned Additional Advocate General submits that in case the Court so pleases, the directions passed by learned Tribunal shall positively be

complied with by the competent authority within such time, as may be granted by this Court.

At this stage, learned counsel for the petitioner informs the Court that the petitioner in the interregnum has also superannuated without getting the

benefit of regularization.

Be that as it may, on the request of learned Additional Advocate General, these contempt proceedings are ordered to be dropped with the direction

that competent authority shall positively pass orders strictly in terms of the direction which stood passed by the learned Tribunal in OA No. 3064 of

2018 (supra) on or before 15th September, 2020. This Court expects the competent authority to pass a speaking and reasoned order taking into

consideration the factual matrix of the case involved visÂ​aÂ​vis the judgment of this Court in CWP No. 7583 of 2020, titled as Paras Ram Vs. State of

H.P. and another.

Petition stands disposed of in above terms. Notice stands discharged.