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Judgment
Ajay Mohan Goel, J
The grievance of the petitioner in the present petition is with regard to the purported non-compliance of the order dated 13.07.2016, passed by learned erstwhile Himachal Pradesh Administrative Tribunal in O.A. No. 553 of 2016, titled as Mahi Pal Sharma vs. State of H.P.
A perusal of the order passed by learned Tribunal (supra) demonstrates that when the original application was listed before the said Court on 13.07.2016, learned Counsel appearing on behalf of the applicant before the learned Tribunal made the statement that his case was covered by judgment passed by this Court, i.e. High Court of Himachal Pradesh, in CWP No.9094 of 2013, titled Surinder Kumar versus State of H.P. and others, decided on 06.10.2015. The matter was accordingly disposed of by learned Tribunal in the following terms:-
"It is for the respondents to examine the matter. Learned Additional Advocate General has informed that the State has filed SLP against the above mentioned decision. Therefore, it is made clear that the implementation of the judgment referred to above would depend on the outcome of the decision in SLP, pending before the Hon'ble Supreme Court of India. The needful action, after verifying the facts will be taken within a period of four months from the date of the judgment of the Hon'ble Supreme Court of India. The applicant will produce a copy of this order alongwith copies of the original application and judgment referred to above by the applicant, before the respondents/competent authority."
Learned Counsel for the petitioner has fairly submitted that the judgment which was passed by this Court in CWP No. 9094 of 2013 (supra) has been reversed by the Hon'ble Supreme Court. However, he stated that it will be in the interest of justice, in case, at least some formal orders are passed by the respondents/competent authority, either accepting or rejecting the plea of the petitioner so that in case he is still aggrieved, he can avail some legal recourse.
Learned Additional Advocate General submits that needful shall be done within a period of six weeks from today. Statement of learned Additional Advocate General is taken on record and this petition is disposed of with the observation that a formal order be passed in the matter of the petitioner by the competent authority within a period of six weeks from today.
The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any. Notice discharged.