Suraj vs P.C. Dhiman & Others

Ajay Mohan Goel, J

When this matter was listed before this Court on 11.08.2020, this Court had passed the following order:­

"The order passed by the erstwhile H.P. Administrative Tribunal, non­compliance of which has resulted in filing of the present contempt petition, therefore, based upon the judgment passed in CWP No.9094 of 2013, on the previous date, this Court was informed by learned Additional Advocate General that State had preferred Special Leave Petition before Hon'ble Supreme Court against the judgment passed in CWP No.9094 of 2009. Today, he informs this Court that the Special Leave Petition has been allowed by Hon'ble Supreme Court. This means that the foundation of the order passed by the erstwhile H.P. Administrative Tribunal in favour of the petitioner, now stands eroded. In this view of the matter, learned counsel for the petitioner to have instructions.

List on 31st August, 2020".

Today learned Counsel for the petitioner submits that he has instructions from the petitioner that appropriate orders be passed.

I have heard learned Counsel for the parties and have also perused the order dated 11.12.2015, passed by learned erstwhile Himachal Pradesh Administrative Tribunal in O.A. No. 4066 of 2015, titled as Suraj Versus The State of Himachal Pradesh & others, purported contempt of which is alleged by way of this contempt petition, relevant portion of the order passed by learned Tribunal, non­compliance of which reads as under:­

"Therefore, Annexure A­5 dated 5.10.2009, is quashed and the original application is disposed of in terms of the aforesaid judgment in CWP No.9094 of 2013, 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 judgment, if the same has attained finality and implemented, shall also be extended to him along with consequential benefits, if any, as per law, without any discrimination, within three months from the date of production of certified copy of this order by the applicant".

As it is not in dispute that the judgment passed by this Court in CWP No.9094 of 2013, titled as Surinder Kumar Versus State of H.P. and others, decided on 06.10.2015, upon which the petitioner was claiming reliance, has been set aside by Hon'ble Supreme Court, it cannot be said that there is any willful breach of the orders passed by learned Tribunal and accordingly, these contempt proceedings are closed. Notices stand discharged. Pending miscellaneous applications, if any, also stand dismissed.