High CourtsSingle Bench(2021) 01 SHI CK 0196

Om Prakash vs Himachal Road Transport Corporation And Others

High Court Of Himachal Pradesh · Decided on 7 January 2021

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Execution Petition No.19 Of 2021

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Judgment

17 paragraphs · 329 words

Sandeep Sharma, J

1.

By way of instant Execution Petition filed under Rule 16 (1) of the H.P. High Court Original Side Rules, prayer has been made on behalf of the

petitioner for issuance of directions to the respondents to implement/ execute the judgment/order dated 10.10.2018, passed by erstwhile H.P. State

Administrative Tribunal in OA(M) No.752 of 2018, titled as Om Prakash vs. Himachal Road Transport Corporation and others.

2.

Careful perusal of aforesaid order/judgment (Annexure P-1) alleged to have been violated, reveals that learned Tribunal below while disposing of

the original application, directed the respondents / competent authority to release due and admissible arrears of pay and allowances alongwith revised

pension and Death-cum-Retirement Gratuity to the applicant/petitioner within a period of two months. Since, no steps, if any, ever came to be taken at

the behest of the res-pondents to implement/execute aforesaid order passed by learned Tribunal below, petitioner has approached this Court in the in-

stant proceedings.

3.

Ms. Shubh Mahajan, learned counsel representing the respondents while accepting notice on behalf of the respondents, states that though she has

every reason to believe and presume that by now aforesaid judgment/ order alleged to have been violated, must have been complied with, but if not,

same would be complied with within a period of eight weeks from today.

4.

Consequently, in view of the fair statement made by learned counsel representing the respondents, this Court sees no reason to keep the present

petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of judgment/order dated

10.10.2018, passed by learned Tribunal below in OA (M) No. 752 of 2018, positively within a period of eight weeks, if not already done, failing which,

petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards

implementation of the judgment/ order, sought to be executed in the instant proceedings.