Ram Chand And Others vs Manisha Nanda & Another

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed order/judgment dated 30th August, 2017, passed by Erstwhile Himachal Pradesh Administrative Tribunal in OA No. 4265 of 2017, titled Ram Chand 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 their case is squarely covered by judgment dated 20.7.2012, rendered by this Court in CWP No.2494 of 2012 titled Pinju Ram versus State of H.P. and another and the connected matters, disposed of the original application with direction to the respondents/competent authority to grant benefit of aforesaid judgment to the petitioners, if they are found to be similarly situate, within a period of three months. Since no appropriate action in terms of aforesaid judgment ever came to be taken at the behest of the respondents, petitioners have approached this Court in the instant proceedings.

Having heard learned Additional Advocate General and perused the reply filed on behalf of the respondents, this Court finds that judgment rendered by this Court in Pinju Ram's case stands stayed by the Hon'ble Apex Court and as such, no further action, if any, can be taken by the respondents in terms of the aforesaid judgment alleged to have been violated.

Consequently, in view of the above, this Court sees no reason to continue with the aforesaid proceedings and accordingly, same are closed. However, liberty is reserved to the petitioners to file fresh proceedings, if any, after disposal of the SLP filed by the State of Himachal Pradesh in Pinju Ram's case. Notices issued to the respondents are hereby discharged.