Prem Singh vs State Of H.P. & Ors

Sandeep Sharma, J

By way of instant execution petition filed under Rule 16(1) of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/execute the judgment/order dated 7.9.2016, passed by the learned Erstwhile H.P. State Administrative Tribunal in OA No. 1530/2015, titled as Birbal Singh and another vs. State of H.P. & Ors.

Careful perusal of aforesaid order/judgment, alleged to have been violated, (Annexure E-1), reveals that learned Tribunal below having taken note of the statement made by learned counsel representing the petitioner that the case of the petitioner is squarely covered under the judgment dated 30.11.2010, rendered by this Court in CWP(T) No.8451 of 2008, titled Ram Lal Sharma and Others versus State of H.P. and another, disposed of the original application with a direction to the respondents/competent authority to grant benefit of aforesaid judgment to the petitioner, if he is found to be similarly situate, within a period of three months from the date of production of certified copy of the order/judgment. Since, despite there being specific direction to do the needful within a period of three months, respondents have failed to grant the benefit to the petitioner in terms of the judgment passed by this Court in Ram Lal's case supra, petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, while accepting notice on behalf of the respondents, contends that though he has every reason to believe and presume that by now aforesaid judgment/order alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of three weeks from today.

Consequently, in view of the fair stand adopted by the learned Additional Advocate General, 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 do the needful in terms of judgment/order dated 7.9.2016, passed by learned Tribunal below in OA No. 1530/2015, positively within a period of three weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/order, sought to be executed in the instant proceedings.