Ramesh Kumar & Another vs Arun Kumar & 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 24.11.2016, passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 6211 of 2016, titled Nand Lal and others vs. State of Himachal Pradesh and others, whereby learned Tribunal below, having taken note of the statement made by learned Counsel appearing for the petitioners alongwith other applicants in the Original Application, that their case is squarely covered by judgment dated 30.11.2010 rendered by this Court in CWP(T) No. 6037 of 2008, titled H.P. Rajkiya Prathmik Anubandh Adhyapak Sangh vs. State of H.P. and another, directed the respondents to consider the case of the petitioners in light of the aforesaid judgment and grant similar benefits to them, if they are found to be similarly situate, within three months from the date of production of a certified copy of the order/judgment. Since the respondents did not comply with the order/judgment passed by Himachal Pradesh Administrative Tribunal, petitioners have approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Having carefully perused the reply filed by the respondents, this Court finds that the Government of Himachal Pradesh vide letter dated 18.8.2016 has already accorded approval for implementation of order passed by this Court in CWP(T) No. 6037 of 2008 and COPC No. 456 of 2014, in respect of the petitioners and directions were given to all the Deputy Directors of Elementary Education vide letter No. EDN­H(Elem) (IV)B(6)E­111, dated 31.8.2016 to ensure the benefits only to the petitioners who fall in the list of petitioners in CWP(T) No. 6037 of 2008 and thereafter, direction was given to all the Deputy Directors of Elementary Education vide letter dated 3.3.2017 to allow benefits to the persons, whose cases have been decided on the analogy of judgment rendered in CWP(T) No. 6037 of 2008. It is further stated in the reply that all the petitioners were already getting revised pay scales as they have been regularized between 2005 to 2008 and they have filed cases in 2016 and the Government has restricted the arrears to 36 months in terms of instructions dated 15.12.2011.

In view of the aforesaid averments made in the reply, this Court finds that nothing remains to be adjudicated in the present proceedings, which are accordingly closed. Liberty is reserved to the petitioners to initiate appropriate proceedings in the competent Court of law, if they still remain aggrieved. Needless to say, order of consideration passed in the cases of the petitioners, if any, shall be supplied to them within a period of ten days from the date of passing of such order, enabling the petitioners to file appropriate proceedings in the competent Court of law, if so required and desired. Notices issued to the respondents are discharged.