Relu Ram vs State Of H.P. & Others

Sandeep Sharma, J

By way of instant Execution Petition filed under Rule 16 of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/execute the judgment/order dated 7.8.2018, passed by the Erstwhile H.P. State Administrative Tribunal in OA No.4620 of 2018, titled as Relu Ram versus State of Himachal Pradesh and others.

Careful perusal of aforesaid order/judgment, alleged to have been violated, (Annexure E­1), reveals that learned Tribunal below having taken note of the statement made by the learned counsel representing the petitioner that the case of the petitioner is squarely covered under the common order dated 8.3.2018, passed by Hon'ble Supreme Court in Civil Appeal No.6309 of 2017, titled as Sunder Singh versus The State of Himachal Pradesh and others and the connected matters, directed the respondents/competent authority to consider the case of the petitioner in the light of the aforesaid order and ordered that in case the petitioner is found to be similarly situate, benefit in terms of aforesaid order be granted to him, within a period of three months from the date of production of certified copy of the order/judgment. 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 petitioner in terms of the order passed by Hon'ble Apex Court in Civil Appeal No.6309 of 2017 and the connected matters, petitioner has approached this Court in the instant proceedings.

Learned counsel representing the respondents while accepting notice on behalf of the respondents, state that though they have every reason to believe and presume that by now aforesaid judgment/order 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 counsel representing the respondents, 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 in terms of judgment/ order dated 10.4.2018 passed by learned Tribunal below in OA No. 1646 of 2018, within a period of three weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/ order, sought to be executed in the instant proceedings. Notices issued to the respondents are hereby discharged accordingly.