State Of H.P & Ors vs Shyam Lal

Tarlok Singh Chauhan, J

For the reasons set out in the supplementary affidavit, we feel that sufficient cause has been shown by the petitioners for filing the instant petition promptly.

As regards merits of the case, the only direction was passed by the erstwhile Tribunal, which has been assailed in the instant petition was to consider the case of the respondent in light of the judgment rendered by this Court in CWP No.3111 of 2016, titled State of H.P. and ors. vs. Ashwani Kumar, decided on 10.5.2018, which has attained finality/implemented and if the case of the respondent was found to be similarly situate, then extend the same benefits to him with all consequential benefits, as per law within three months from the date of production of the certified copy of the order, as is evident para-6 of the judgment, which reads as under:

"In view of the above, the original application is disposed of in terms of the aforementioned order/judgment with a direction to the respondents/competent authority that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of the said order/judgment, if the same have been attained finality/implemented, shall also be extended to him alongwith consequential benefits, if any, as per law, within three months from the date of production of certified copy of this order before the said authority by the applicant."

The aforesaid directions do not infringe the rights of the petitioners so as to furnish cause of action to file the instant petition.

Consequently, the instant petition sans merit and is dismissed, as such. However, the petitioners are directed to implement the order of the erstwhile Tribunal within two months from today.

For compliance, to come up on 11.5.2021.