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Judgment
7 paragraphs · 355 wordsVivek Singh Thakur, J
This petition has been filed for violation of order dated 07.12.2016, passed by erstwhile H.P. State Administrative Tribunal in O.A. No.3555 of 2016, whereby it was directed that in case petitioner's case is covered by CWP No.4489 of 2009, titled as Ravi Kumar vs. State of H.P. and others, decided on 14.12.2009 and Special Leave to Appeal (C) No(s) 33570 of 2010, titled as State of H.P. & others vs. Pritam Singh and connected matters, decided on 15.01.2015, then, his case also be considered strictly in view of principles laid down in the aforesaid judgments.
Reply has been filed on behalf of the respondents alongwith which an order dated 10.07.2017, passed by the Executive Engineer, Jal Shakti Division, Anni, District Kullu, H.P., has been placed on record and also unconditional, unqualified and sincere apology has also been tendered for anything which may be construed as contempt.
Today, learned Additional Advocate General, has placed on record instructions dated 05.08.2020, received from Executive Engineer, Jal Shakti Division, Anni, alongwith which, copy of order dated 29.08.1997, passed by erstwhile Tribunal in O.A. No.747 of 1997, has also been placed on record.
Perusal of the said order reflects that this petition was filed against termination of services of the petitioner and erstwhile Tribunal had allowed the petition directing the Department to re-engage the petitioner forth with and not to terminate his services, except in accordance with law. It was also ordered that considering the past record of the petitioner, his seniority was directed to be maintained by the Department w.e.f. 01.01.1996 from which date, he was working continuously.
In view of aforesaid, claim of the petitioner with respect to seniority, cannot be reopened now, in present contempt petition.
In aforesaid facts and circumstances and accepting apology tendered on behalf of the respondents, I find that nothing survives to be adjudicated in present contempt petition and same is closed and disposed of. However, liberty is granted to the petitioner to file appropriate comprehensive petition for redressal of his grievances, if any, survive. Pending application(s), if any, also stand disposed of.