Shobha Ram vs R.P.Verma

Sandeep Sharma, J

By way of present Contempt Petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having intentionally and deliberately disobeyed the order/judgment dated 24.7.2017, passed by the Erstwhile H.P. Administrative Tribunal in OA No.1480 of 2016, titled as Shobha Ram Vs State of Himachal Pradesh and others.

Careful perusal of aforesaid order/judgment dated 24.7.2017 reveals that learned Tribunal below having taken note of the submission made by learned counsel representing the petitioner that case of the petitioner is squarely covered by the judgment rendered by this Court in CWP No.1636 of 2016, titled as The Himachal Pradesh State Cooperative Milk Producers Federation Limited Vs. Surinder Kumar and others, decided on 16.11.2016, disposed of the petition with the direction to the respondent/competent authority to consider the case of the applicant/petitioner also in the light of the aforesaid judgment and ordered that in case the petitioner is found to be similarly situate, benefit in terms of aforesaid judgment be granted to him within a period of two months from the date of production of certified copy of the order. Since no action, if any, ever came to be taken at the behest of the respondent pursuant to the aforesaid direction issued by the Tribunal, applicant/petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General while accepting notice on behalf of the respondent fairly states that by now aforesaid order/judgment alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of four weeks from today.

Consequently, in view of the aforesaid statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondent to comply with the order/judgment,alleged to have been violated,within a period of four weeks, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken against erring officials. Notice issued to the respondent is hereby discharged accordingly.