Rajeev Shaunk And Ors vs Anil Khachhi

Sandeep Sharma, J

By way of present contempt petition, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondent for having willfully and intentionally disobeyed the order/judgment dated 28.8.2017, passed by the Erstwhile HP State Administrative Tribunal in TA No. 3783 of 2015, whereby the Tribunal below having taken note of the statement made by the counsel representing the petitioners that their case is squarely covered with the judgment dated 14.9.2010, rendered by this Court in CWP(T) No. 6785 of 2008, titled Narender Singh Naik v. State of HP and Ors., further upheld by a Division Bench of this Court in LPA No. 271 of 2011, titled State of HP and Ors v. Narender Singh Naik, disposed of the petition with direction to the respondent/competent authority to consider the case of the petitioners and grant similar benefit to them, if they are found similarly situate, within a period of 45 days from the date of production of certified copy of the order . Since no action ever came to be taken at the behest of respondent pursuant to aforesaid directions issued by the Tribunal, petitioners have approached this Court in the instant proceedings.

Having heard learned Additional Advocate General and perused compliance affidavit filed by the then Addl. Chief Secretary (PWD) to Govt. of Himachal Pradesh in terms of order dated 15.1.2018, this Court finds that judgment rendered by the Division Bench of this Court in LPA No. 271 of 2011 was further laid challenge in the Hon'ble Apex Court by way of SLP( C) No. 7063 of 2014. However, such appeal was dismissed. After dismissal of the aforesaid SLP, respondent in order to comply with direction passed in CWP(T) No. 6785 of 2008, afforded an opportunity of being heard to the petitioners and thereafter as per direction of this Court circulated tentative seniority list of Junior Engineers (C) vide letter dated 14.8.2017. Compliance affidavit further reveals that upon issuing tentative seniority list, objections were invited from all he affected officials, whereupon the matter was re-examined at length by the Engineer-in-Chief, HPPPWD/competent authority in the category of JE being appointing authority and after considering all the objections of various incumbent Junior Engineers, Engineer in Chief HPPWD has passed detailed speaking order dated 16.4.2018 (Annexure R-1), whereby claim of the petitioners has been rejected

Since, case of the petitioners stands duly considered in terms of judgment passed by this Court in CWP(T) No. 6785 of 2008, this Court does not find action of the respondents to be contumacious and as such, there is no occasion for this Court to keep the present proceedings alive and accordingly, same are closed at this stage. However, liberty is reserved to the petitioners to file appropriate proceedings in the appropriate Court of law, if they are still aggrieved. Notices issued to respondents are discharged at this stage.