Ravi Nandan & Others vs Dr. Amarjit K. Sharma

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 respondents for having intentionally and deliberately disobeyed the judgment dated 27.6.2019, passed by erstwhile H.P. Administrative Tribunal in OA No.2504 of 2019, titled as Ravi Nandan and others versus The State of Himachal Pradesh and another.

Careful perusal of aforesaid judgment, alleged to have been violated, (Annexure C­1), reveals that learned Tribunal below having taken note of the statement made by the learned counsel representing the petitioners that the case of the petitioners is squarely covered under the judgment dated 21.04.2010 rendered by this Court in CWP (T) No.5253 of 2008, titled Narain Singh Versus State of Himachal Pradesh and others, disposed of the original application with a 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 despite there being specific direction to do the needful within a period of three months, respondents have failed to grant the benefit to the petitioners in terms of the judgment passed by this Court in Narain Singh's case supra, petitioners have approached this Court in the instant proceedings.

Mr. Arvind Sharma, learned Additional Advocate General while accepting notice on behalf of the respondent states that though he has every reason to believe and presume that by now aforesaid judgment alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of three weeks from today.

Consequently, in view of the fair statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful within a period of three weeks, if not already done, failing which, he would further aggravate the contempt. Petitioner is at liberty to get the present proceedings revived in case aforesaid judgment is not complied with, so that appropriate action, in accordance with law is taken against erring official. Notices issued to the respondent is hereby discharged accordingly.