Santosh Kumari vs Rohit Jamwal And Another

Sandeep Sharma, J

By way of instant contempt petition field under Ss. 10 and 12 of the Contempt of Courts Act, 1971 read with S.21 of the Administrative Tribunals Act, 1985, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents, for having willfully and intentionally disobeyed order 10.8.2018 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5191 of 2017, titled Santosh Kumari vs. State of Himachal Pradesh and others, whereby learned Tribunal below, on the statement of learned Counsel appearing for the petitioner, that petitioner's case is squarely covered by judgment rendered by the Tribunal dated 30.7.2018 in OA No. 4836 of 2016, Vinod Kumar Sharma and others vs. State of Himachal Pradesh and others and connected matters, disposed of the Original Application with a direction to the respondents to extend benefit of aforesaid judgment to the petitioner, in case, on verification, she is found to be similarly situate. Since no action, whatsoever, came to be taken by the respondents in pursuance to the order, petitioner has instituted present proceedings against the respondents, praying therein to take appropriate action against them, in accordance with law.

Having carefully perused the reply filed by the respondents, specifically para 5 thereof, it is elicited that the case of the petitioner stands considered and rejected vide speaking order dated 22.12.2018 (Annexure R-1 of the reply). Thus, this Court finds no act of the respondents to be contumacious and sees no reason to keep the present proceedings alive. Accordingly, present petition is disposed of. Notices issued to the respondents are discharged. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, qua her surviving grievances, if any.