Mastan Singh And Ors vs State Of HP And Anr

Sandeep Sharma, J

Through Video Conferencing

By way of present execution petition, prayer has been made on behalf of the petitioners for issuance of direction to the respondents for implementation and execution of order/judgment dated 1.3.2019, passed by the Erstwhile HP State Administrative Tribunal in TA No. 5668 of 2015, whereby the Tribunal below having taken note of the fact that case of the petitioners is squarely covered in terms of judgment dated 20.6.2000 passed by the Tribunal in OA(D) No. 1035 of 1994, titled Hans Raj and Ors. v. State of HP and Ors., directed the respondents to extend the benefit of aforesaid judgment to the petitioners in case they are found to be similarly situate, within a period of two months.

Mr. Vikas Rajput, learned counsel, on instructions, states that though in terms of aforesaid judgment, pay fixation of the petitioners has been done and they have been paid arrears on account of pay fixation but till date, arrears on account of revised salary and revised gratuity have not been paid.

Mr. Sudhir Bhatnagar, learned Additional Advocate General states that though it stands established on record that judgment alleged to have been not implemented, stands duly implemented in its totality, but if not, same would be definitely implemented in its letter and spirit with within a period of four weeks from today.

Consequently, in view of the fair stand adopted by the learned Additional Advocate General, this Court sees no reason to keep present petition alive and accordingly, same is disposed of with direction to the respondents to do the needful within a period of four weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action towards execution and implementation of judgment is taken.