High CourtsDivision Bench(2010) 10 SHI CK 0047

H.P. State Electricity Board vs Kundan Lal

High Court Of Himachal Pradesh · Decided on 5 October 2010

HON’BLE JUDGES
Kurian Joseph, C.J · Kuldip Singh, J
CASE NUMBER
LPA No. 112 of 2010

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Judgment

6 paragraphs · 241 words

Kurian Joseph, C.J.

CMP (M) No. 661 of 2010

1.

Delay condoned. Application stands disposed of.

LPA No. 112 of 2010

The respondent, in CWP (T) No. 15459 of 2010, has come in appeal aggrieved by the judgment, dated 23.3.2010, whereby the learned single Judge has directed the respondent to grant relief to the petitioner in light of the judgment of Apex Court in State of H.P. and Ors. v. Sarab Dayal. The learned single Judge has directed disbursement of benefits to the petitioner within four weeks from the date of production of copy of the judgment with 9% interest per annum.

2.

It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the outcome of the decision, now pending before the Apex Court, so that the case also need not be taken to the Apex Court. Therefore, this appeal is disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of the petitioner also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the case and, therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Datyal''s case would apply to the petitioner.