Chet Ram vs Jagdish Chand And Others

Ajay Mohan Goel, J

Notice. Mr. Sanjeev Sood, learned Additional Advocate General, accepts notice on behalf of the respondents.

By way of this Contempt Petition, the grievance of the petitioner is that the directions which stood passed by the learned erstwhile Himachal Pradesh State Administrative Tribunal vide its order dated 29th March, 2019 in O.A. No. 1031 of 2019, titled as Chet Ram Vs. State of Himachal Pradesh and others have till date not been complied with.

Learned counsel for the petitioner has argued that despite the fact that the order passed by the learned Tribunal was duly made available to the authorities concerned, yet nothing has been done by the State to implement the same.

A perusal of the order purported non­compliance of which is alleged by way of this Contempt Petition demonstrates that all that the learned Tribunal had directed the respondents therein was to take a call on the claim of the Original Applicant therein in terms of the decision which was made by the Hon'ble Supreme Court in Civil Appeal No. 6309 of 2017, titled as Sunder Singh Vs. The State of Himachal Pradesh and others and confer upon the applicant same benefits in case he was found to be similarly situated as the litigants involved in Civil Appeal No. 6309 of 2017, titled Sunder Singh Vs. The State of Himachal Pradesh and others (supra). In other words, there is no positive direction given by the learned Tribunal to confer any specific benefit upon the Original Applicant. Least that was expected from the State was to have had passed an order in terms of the directions passed by the learned Tribunal.

At this stage, learned Additional Advocate General submits that the respondents be granted some reasonable time so that the order, non­compliance of which is alleged in the present Contempt Petition, is implemented in letter and spirit.

As prayed for by learned Additional Advocate General, this Contempt Petition is disposed of with the direction to the respondents to pass appropriate orders in the matter of the petitioner in terms of the directions which stood issued by the learned Tribunal in para­6 of the order dated 29th March, 2019, positively on or before 31st July, 2020. It is clarified that in case the needful is not done by the State by the said date, the petitioner shall be at liberty to revive this Contempt Petition itself by filing an application.