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Sandeep Mandyal vs State Of HP And Ors

High Court Of Himachal Pradesh · Decided on 5 August 2020 · Citation: (2020) 08 SHI CK 0086

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Himachal Pradesh (Original Side) Rules, 1997 — Rule 16(1)
CASE NUMBER
Execution Petition No. 303 Of 2020
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Judgment

15 paragraphs · 309 words

Sandeep Sharma, J

1.

By way of present execution petition filed under Clause 16(1) of the HP High Court Writ Rules, 1997, prayer has been made on behalf of the

petitioner for implementation and execution of order/judgment dated 18.1.2019, passed by the Erstwhile HP State Administrative Tribunal in OA No.

346 of 2019, whereby the Tribunal below having taken note of the statement made by the learned counsel for the petitioner that his case is squarely

covered by the judgment dated 4.4.2018, passed by the Tribunal in OA No. 5858 of 2017, titled Sonia Banyal V. State of Himachal Pradesh and Ors.,

directed the respondents to consider the case of the applicant strictly in light of aforesaid judgment and grant similar benefit to him, if he is found

similarly situate within a period of three months from the date of production of certified copy of the order. Since no action, whatsoever, came to be

taken at the behest of the respondents pursuant to aforesaid direction issued by the Tribunal, petitioner has approached this Court in the instant

proceedings.

2.

Mr. Sanjeev Sood, learned Additional Advocate General states that though he has every reason to presume that by now, order/judgment alleged to

have been violated, must have been complied with in its totality, but if not, same would be definitely complied with within a period of two weeks.

3.

Consequently, in view of the fair stand adopted by the learned Additional Advocate General, this Court sees no reason to keep present petition alive

and accordingly, same is disposed of with direction to the respondents to do the needful in terms of judgment sought to be executed in the instant

proceedings, within a period of two weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action is

taken towards implementation of the judgment.