Raj Kumar Sharma vs State Of HP And Ors

Sandeep Sharma, J

(Through Video Conferencing)

By way of present execution petition filed under Rule 16 of the H.P. High Court (Original Side) Rules, prayer has been made on behalf of the petitioner for implementation and execution of order/judgment dated 10.07.2018, passed by the Erstwhile HP State Administrative Tribunal in OA (M) No. 449 of 2018, titled as Raj Kumar Sharma vs. State of H.P. whereby the Tribunal below having taken note of the statement made by the learned counsel for the petitioner that case of the petitioner case is squarely covered by the judgment dated 30.06.2016, passed in OA No. 412 of 2016, titled Sh. Ashwani Kumar v. State of HP and Ors., directed the respondents to consider the case of the applicant strictly in light of aforesaid judgment and grant similar benefit to him, if he is found similarly situate within a period of three months from the date of production of certified copy of the order. Since no action, whatsoever, came to be taken at the behest of the respondents pursuant to aforesaid direction issued by the Tribunal, petitioner has approached this Court in the instant proceedings.

Mr. Arvind Sharma, learned Additional Advocate General states that though he has every reason to presume that by now, order/judgment alleged to have been violated, must have been complied with in its totality, but if not, same would be positively complied with within a period of two weeks.

Consequently, in view of the fair stand adopted by the learned Additional Advocate General, this Court sees no reason to keep present petition alive and accordingly, same is disposed of with direction to the respondents to do the needful in terms of judgment sought to be executed in the instant proceedings, within a period of two weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action is taken towards implementation of the judgment.