Sarita Malhotra vs R.D. Dhiman And Another

Sandeep Sharma, J

By way of instant contempt petition filed under S.17 of the Administrative Tribunals Act, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents/contemnors for having willfully and intentionally disobeyed order/judgment dated 27.10.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5455 of 2016, titled Prem Kumar and others vs. State of Himachal Pradesh and others, whereby learned Tribunal below, having taken note of the statement made by learned Counsel appearing for the petitioner alongwith other applicants in the Original Application, that her case is squarely covered by judgment dated 30.11.2010 rendered by this Court in CWP(T) No. 6037 of 2008, titled H.P. Rajkiya Prathmik Anubandh Adhyapak Sangh vs. State of H.P. and another, upheld in LPA No. 108 of 2012, titled The State of H.P. and another vs. Himachal Pradesh Rajkiya Prathmik Anubandh Adhyapak Sangh and connected matters and further judgment dated 13.12.2012 rendered in LPA No. 105 of 2010, titled State of HP and others vs. Rakesh Chand and others, directed the respondents to consider the case of the petitioner including other applicants, in light of the aforesaid judgments and grant similar benefits to them, if they are found to be similarly situate, within three months from the date of production of a certified copy of the order/judgment. Since the respondents did not comply with the order/judgment passed by Himachal Pradesh Administrative Tribunal, petitioner, who was one of applicants before Himachal Pradesh Administrative Tribunal, has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Having carefully perused the reply filed by the respondents, this Court finds that the Government of Himachal Pradesh vide letter dated 18.8.2016 has already accorded approval for implementation of order passed by this Court in CWP(T) No. 6037 of 2008 and COPC No. 456 of 2014, in respect of the petitioner. Since some of the persons did not fall in the list of petitioners in CWP(T) No. 6037 of 2008, matter was taken up by the Government for consideration and further directions. Now, pursuant to some decision taken by Finance Department, necessary directions have been already given to the Deputy Directors of Elementary Education in the State of Himachal Pradesh vide letter No. EDN-H(Elem)(IV)B(6)1-3/2017-C.Trs. dated 3.3.2017 that after ascertaining the fact that the petitioners involved in the petitions/applications decided by court are similarly situate to that of the petitioners in CWP(T) No. 6037 of 2008, their cases may be considered for grant of benefits by adhering to instructions dated 28.2.2017 of the Government. It has been further stated in the reply that as per the information supplied by the Deputy Director of Elementary Education, Solan, case of the petitioner stands considered by competent Authority in compliance of order/instructions dated 27.10.2016 and as such, nothing remains to be adjudicated in the present proceedings, which are accordingly closed. Liberty is reserved to the petitioner to initiate appropriate proceedings in the competent Court of law if she still remains aggrieved. Needless to say, order of consideration passed in the case of the petitioner, if any, shall be supplied to her within a period of ten days from the date of passing of such order, enabling the petitioner to file appropriate proceedings in the competent Court of law, if so required and desired. Notices issued to the respondents are discharged.