Vijay Singh vs Amar Jeet Kumar Sharma

Vivek Singh Thakur, J

Learned Deputy Advocate General, has placed on record instructions dated 31.08.2020, received from the Director of Higher Education, Himachal Pradesh.

Response to the petition has also been filed, wherein without any justification, an unconditional, unqualified and sincere apology has been tendered by the respondent for any act, which may be construed as a contempt.

It is stated in the reply as well as instructions dated 31.08.2020 placed on record today that the representation of the petitioner, in compliance of order passed by erstwhile H.P. Administrative Tribunal, was decided on 31.01.2019, whereby the request of petitioner was rejected on the ground that he was appointed as PTA Teacher to a particular institution and therefore, he cannot be transferred to any other institution till his services are taken over by the Government.

Though the judgment dated 29.03.2018, passed by erstwhile H.P. State Administrative Tribunal, stands complied with, however, there is delay in compliance, for which the apology tendered on behalf of the respondent is accepted.

At this stage, learned counsel for the petitioner, submits that now petitioner's services stand regularized and taken over by the Government and thus, he is entitled for transfer. It is a circumstance subsequent to the order passed by the erstwhile H.P. State Administrative Tribunal and therefore, petitioner is at liberty to avail appropriate remedy, including filing of appropriate petition or a revision to the concerned authority.

In view of the above, nothing survives to be adjudicated further in this contempt petition. Accordingly, the present contempt petition is closed and disposed of.

Needless to say that if any petition/revision is filed by the petitioner, the concerned authority shall consider and decide the same by passing a speaking order.

Pending miscellaneous application(s), if any, shall also stand disposed of.