Santosh And Ors vs State Of HP And Ors

Sandeep Sharma, J

By way of present execution petition, prayer has been made on behalf of the petitioners for implementation and execution of order/judgment dated 27.2.2019, passed by the Erstwhile HP State Administrative Tribunal in OA No. 146 of 2019, whereby the Tribunal below having taken note of the statement made by the learned counsel for the petitioners that their case is squarely covered by the judgments dated 5.4.2010 in CWP(T) No. 15627 of 2008, Smt. Karuna Devi v. State of HP and Ors and 30.7.2010 in CWP No. 4375 of 2010, titled Anita Kumar and Ors v. State of HP and Ors., directed the respondents to consider the cases of the applicants strictly in light of aforesaid judgment and grant similar benefit to them, if they are 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, petitioners have approached this Court in the instant proceedings.

Mr. Arvind Sharma, learned Additional Advocate General states that though he has every reason to presume that by now, order/judgment alleged to have been not implemented, must have been complied with in its totality, but if not, same would be definitely complied with within a period of three weeks.

Consequently, in view of the fair stand adopted by the learned counsel for the respondents, 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 alleged to have been violated within a period of three weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action towards implementation of the judgment alleged to have been not implemented is taken.