Sudershan Kumar & Others vs Rajeev Sharma & Another

Sandeep Sharma, J

By way of present Contempt Petition, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondents for having intentionally and deliberately disobeyed the order/judgment dated 10.9.2018, passed by the erstwhile H.P. Administrative Tribunal in OA No.4871 of 2018, titled as Sudershan Kumar and others versus State of Himachal Pradesh.

Careful perusal of aforesaid order/judgment dated 10.9.2018, reveals that learned Tribunal below having taken note of the submission made by learned counsel representing the petitioners that cases of the petitioners are squarely covered by the judgment rendered by this Court in CWP No.1201 of 2010­B, titled as Anil Kumar and others versus State of Himachal Pradesh and others, disposed of the original application with a direction to the respondents/competent authority to consider the cases of the applicants/petitioners in the light of the aforesaid judgment and ordered that in case the petitioners are found to be similarly situate, benefit in terms of aforesaid judgments be granted to them within a period of three 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 respondents pursuant to the aforesaid direction issued by the Tribunal, applicants/ petitioners have approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General while accepting notice on behalf of the respondents/State 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 three 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 respondents to comply with the order/judgment, alleged to have been violated, within a period of three weeks, failing which, petitioners 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 respondents is hereby discharged accordingly.