Raj Pal Thakur And Others vs Rajeev Sharma And Another

Sandeep Sharma, J

By way of present petition filed under S.12 read with S.2(B) of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioners to initiate contempt proceedings against the respondents for willful and deliberate disobedience of order dated 18.6.2019 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 2262 of 2019 titeld Raj Pal Thakur and others vs. State of Himachal Pradesh and another, whereby learned Tribunal below, having taken note of the statement made by learned Counsel appearing for the petitioners that the case of petitioners is squarely covered by judgment dated 21.4.2010 passed by this Court in CWP(T) No. 5253 of 2008, titled Narain Singh vs. State of Himachal Pradesh and others and judgment dated 1.9.2015 passed by this Court in LPA No. 146 of 2010 titled State of Himachal Pradesh and others vs. Narain Singh, disposed of the Original Application with a direction to the respondents to extend benefit of aforesaid judgments to the petitioners, if on verification they are found to be similarly situate persons, within three months. Since no action, whatsoever, came to be taken by the respondents in pursuance to order (supra), petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, fairly states that though he has every reason to believe that by now order in question must have been complied with by the respondents, but if not, same would be complied within a period of four weeks from today.

Having taken note of the fair stand adopted by learned Additional Advocate General, this Court sees no reason to keep the present proceedings alive and same are closed with a direction to the respondents to do the needful, if not already done, in terms of order in question, within a period of four weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondents fail to comply with the judgment in question, so that appropriate action is taken against the erring officials. Notices issued to the respondents are discharged.