Sanjay Kumar vs State Of Himachal Pradesh And Others

Sandeep Sharma, J

By way of instant execution petition, prayer has been mdae on behalf of petitioner for execution of order dated 18.1.2019 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 306 of 2019, titled as Sanjay Kumar vs. State of HP and others, whereby Tribunal below after having taken note of the statement made by learned Additional Advocate General that the case of the applicant/petitioner is similarly situate to that of the applicant in OA No. 5858 of 2017, titled Sonia Banyal vs. State of HP and others, directed the respondent/Competent authority to grant similar benefit to the petitioner, if he is found similarly situate, within a period of three months from the date of production of a certified copy of the order.

More than a year has passed but till date, respondents, despite having received representation from the petitioner have failed to grant benefit in terms of judgment dated 4.4.2018 passed by Himachal Pradesh Administrative Tribunal in OA No. 5858 of 2017, titled Sonia Banyal vs. State of HP and others and as such petitioner has approached this Court in the instant proceedings, seeking direction to the respondents to implement the order sought to be executed. It has been brought to the notice of this court that the concurrence from the Finance Department has been received in the Department but still no action has been taken by the respondents towards implementation of the judgment sought to be executed in the instant proceedings, as such, petitioner has approached this court in the instant proceedings.

Mr. Kunal Thakur, learned Deputy Advocate General, while accepting notice on behalf of the respondents, states that though he has every reason to presume and believe that by now order sought to be executed in the instant proceedings, must have been complied with but if not, the same would be complied with within a period of ten days from today.

Consequently, in view of the fair stand taken by learned counsel for the respondents, this Court sees no reason to keep the present petition alive and same is disposed of with a direction to the respondents to implement the order in question, within ten days, failing which petitioner would be at liberty to get the present petition revived, so that appropriate steps towards execution of the order in question are taken. Petition stands disposed of in above terms.