Sumnu Devi vs Sanjay Kumar

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 willfully and intentionally disobeyed the order dated 2.5.2016 passed by the Erstwhile HP State Administrative Tribunal in TA No. 5593 of 2015, whereby the tribunal below having taken note of the statement made by the learned counsel for the petitioner that his case is squarely covered with judgment dated 10.9.2013 passed by this Court in CWP No. 6510 of 2013-A titled Girdhari Lal v. State of H.P. and Ors, directed the respondent to extend the similar benefit to the petitioner, if she is found similarly situate, within a period of three months from the date of production of certified copy. Since no action, whatsoever, ever came to be taken at the behest of the respondent pursuant to the aforesaid order passed by the Tribunal, the petitioner has approached the court in the instant proceedings, praying therein for appropriate action in accordance with law against the erring officials.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, while accepting notice on behalf of the respondent-State states that though by now, judgment alleged to have been violated must have been complied with in its totality, but if not, same would be complied with within a period of two weeks from today.

Consequently, in view of the fair stand adopted by the Additional Advocate General, this Court sees no reason to continue with the aforesaid proceedings and accordingly, same are closed. However, respondent-contemnor is directed to do the needful in terms of judgment alleged to have been violated within a period of two weeks, failing which they would aggravate the contempt and petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken against the respondent-contemnor. Notice issued to respondents is discharged at this stage.