Sita Sharma vs State Of H.P. And Another

Ajay Mohan Goel, J

With the consent of learned Counsel for the parties, this petition is taken up for consideration today itself.

By way of this petition, the petitioner has prayed for execution of the order passed by erstwhile learned Himachal Pradesh Administrative Tribunal in O.A. 3217 of 2018, titled as Sita Sharma v/s State of H.P. and another, dated 10.08.2018, which original application stood disposed of by the learned Tribunal in the following terms:-

"4. The learned Counsel for the applicant submits that the case of the applicant is squarely covered under judgment dated 21.04.2010, rendered by the Hon'ble High Court of Himachal Pradesh in CWP(T) No. 5253 of 2008, Narain Singh Versus State of Himachal Pradesh and others, (copy filed, which is is taken on record).

The learned Additional Advocate General states that subject to verification of records, if it is found that the applicant is similarly situate as the petitioner in the aforesaid CWP(T) No. 5253 of 2008, her case shall be considered accordingly.

In view of the above, the original application is disposed of in terms of the aforementioned judgment in CWP(T) No. 5253 of 2008, with a direction to the respondent/competent authority that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of the said judgment, if the same has attained finality/ implemented, shall also be extended to her alongwith consequential benefits, if any, as per law, within three months from the date of production of certified copy of this order alongwith copy of the aforesaid judgment before the said authority by the applicant."

Having heard learned Counsel for the parties, this execution petition is disposed of at this stage itself by directing that the order passed by learned Tribunal be implemented by the respondents in letter and spirit within a period of four weeks from today, if not already implemented. It is clarified that this Court has not expressed any view on the merit of the case. In case appropriate orders are not passed within four weeks, then applicant shall be at liberty to revive this execution petition by filing appropriate application in this regard.

The execution petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.