Rajinder Singh & Others vs Devesh Kumar & Othrs

Ajay Mohan Goel, J

By way of this petition, petitioners have alleged willful disobedience of the order which was passed by the learned Erstwhile Administrative Tribunal in O.A. No.2346 of 2017, titled Rajinder Singh & others Versus State of Himachal Pradesh, dated 02.06.2017.

A perusal of the order passed by the learned Tribunal demonstrates that the same stood disposed of in the following terms:­

"In view of the above, the original application is disposed of in terms of the aforementioned judgment in CWP No.2735 of 2010 and the connected matters with a direction to the respondents/ competent authority that subject to the above verification and on finding the applicants to be similarly situate as above, benefit of the said judgment, if the same has attained finality and implemented, shall also be extended to them alongwith consequential benefits, if any, as per law within three months from the date of production of certified copy of this order before the said authority by the applicants".

Learned counsel for the petitioners submits that the directions, which were passed by the learned Tribunal have not been complied with till date and benefits to which the petitioners were entitled to, have not been conferred upon them till date.

Learned Additional Advocate General submits that the respondents may be granted some time to comply with the directions, so passed by the learned Tribunal, if not already complied with. He further states that as the directions passed by the learned Tribunal, was to take appropriate decision in terms of the order referred in para 7 (supra), in case the applicants in the Original Application were found to similarly situate, the needful shall be done by the respondents after verifying the cases of the applicants.

Taking into consideration the statement so made by learned Additional Advocate General, this Contempt Petition is closed with the direction that the respondents shall do the needful in terms of para 7 of the order passed by the learned Tribunal in Original Application No.2346 of 2017, on or before 15.07.2020. It is made clear that this Court has not expressed any opinion on the merit of the plea so raised by the petitioners in Original Application and the State shall at liberty to do the needful strictly in terms of the directions which stood passed by the learned Tribunal in para 7 of the order (supra).

In the event of the needful not being done by 15.07.2020, the petitioners shall be at liberty to revive this Contempt Petition by filing an application. Pending miscellaneous applications, if any, stand disposed of.