Sanjay Kumar And Others vs Dr. A.J.V. Prasad

Sandeep Sharma, J

By way of instant contempt petition filed under S.12 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondents/contemnors for having willfully and intentionally disobeyed order dated 20.6.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 2807 of 2016, titled Sanjay Kumar and others vs. State of Himachal Pradesh and others, whereby learned Tribunal below, having taken note of the statement made by learned counsel for the petitioners that their case is squarely covered by judgment rendered by this Court in LPA No. 105 of 2010, titled the State of Himachal Pradesh and others vs. Rakesh Chand and others, directed the respondents to consider the case of the petitioners in light of the aforesaid judgment and grant similar benefits to them, in case they are found to be similarly situate. Since no action, whatsoever, came to be taken at the behest of the respondents pursuant to the aforesaid direction issued by erstwhile Himachal Pradesh Administrative Tribunal, petitioners have approached this Court in the instant proceedings.

Perusal of the reply filed by Director Elementary Education, Himachal Pradesh, clearly reveals that pursuant to order dated 20.6.2016, necessary directions were issued vide letter dated 14.11.2013 to the field offices for implementing the judgment in favour of the petitioners, but since person namely Rakesh Chand laid challenge to the aforesaid instructions issued by this Court by way of CWP No. 3590 of 2014 and this Court, while issuing notices in those proceedings, stayed the operation of the aforesaid letters dated 14.11.3013 and 19.11.2013, same could not be given effect.

Having carefully perused the reply filed on behalf of the respondents, this Court is in agreement with learned Additional Advocate General that pursuant to the judgment alleged to have been violated in the instant case, necessary directions were issued to field offices for implementation of the same, but such letters came to be stayed by this Court and nothing further could be done in the mater.

Since the judgment alleged to have been violated was duly complied with by the respondents, this court finds no action of the respondents to be contumacious in nature, and as such, nothing remains to be adjudicated in the present proceedings, thus the same are closed. Notices issued to the respondents are discharged. Liberty is reserved to the petitioners to file appropriate proceedings in competent Court of law, if they still remain aggrieved.