Sarif Mohd vs State Of HP And Ors

Sandeep Sharma, J

Through Video Conferencing

By way of present execution petition, prayer has been made on behalf of the petitioner for issuance of direction to the respondents to execute/implement the judgment dated 12.4.2018, passed by the Erstwhile H.P. State Administrative Tribunal in OA (D) No. 40 of 2016, whereby the Tribunal below while allowing the original application having been filed by the petitioner, directed the respondent/competent authority to hold DPC to consider the case of the applicant for promotion to the post of Mate from the date his juniors have been promoted with all consequential benefits in accordance with law. 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.

Having heard learned counsel for the parties and perused the material available on record, this Court finds that pursuant to order/judgment dated 2nd August, 2018, the representation having been filed by the petitioner came to be considered by the Engineer-in-Chief, HPPWD, Shimla-2, who vide order dated 15.2.2019, considered the claim of the petitioner for promotion and accordingly directed the Superintending Engineer, 7th Circle, HPPWD, Dalhousie/Executive Engineer, HPPWD Division Salooni to review the DPC which was held during year, 2013. Though, aforesaid orders were passed on 15.2.2019, but till date, no steps whatsoever have been taken by the Superintending Engineer, 7th Circle, HPPWD, Dalhousie/Executive Engineer, HPPWD Division Salooni for holding review DPC.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, while accepting notice on behalf of the respondents, contends that needful, if not already done, in terms of the order dated 15.2.2019, passed by the Engineer- in-Chief, HPPWD, Shimla-2, shall be done positively within a period of four weeks from today.

Consequently, in view of the fair stand adopted by the learned Additional Advocate General, there appears to be no justification to keep the present petition alive and accordingly, same is disposed of with a direction to the Superintending Engineer, 7th Circle, HPPWD, Dalhousie/Executive Engineer, HPPWD Division Salooni to do the needful expeditiously preferably within a period of four weeks from today in terms of the order dated 15.02.2019, passed by the Engineer-in-Chief, HPPWD, Shimla- 2 (Annexure p-2), failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation/execution of the order/judgment sought to be executed in the instant proceedings. Copy of the petition, if not already supplied, be supplied to the office of Advocate General during the course of the day, enabling it to do the needful within the stipulated period.