Suresh Negi vs Sh. Shri Kant Baldi & others

From the response, so filed by the State, copy of which is shown to us in Court, we find the respondents to have complied with the judgment in question, which is evident from the following averments in paragraphs 2 to 6 of the response:-

"2. That it is submitted that as per the judgment dated 30-04-2010, the CWP (T) No.8352/2008, in which the present petitioner was also one of the necessary petitioner, was disposed of while allowing the claim, strictly in view of the principles laid down in the judgment dated 20.04.2010, passed in CWP (T) No. 14084/2008 in a time bound manner. It is added that the judgment dated 20.04.2010 passed in CWP (T) No. 14084/2008 had not attained its finality and the case of Suresh Rana was still pending before the Hon''ble Apex Court by way of SLP (C) No. 35812- 35815/2013, wherein the Hon''ble Apex Court vide its order dated 10.02.2014 had stayed the operation of the orders passed in the case of the Suresh Rana and the other connected matters subject to the respective petitioners notionally fixing the monetary benefits from the due date and paying actual monetary benefits limited to 36 months prior to the filing of the Writ petition and continued thereafter. Accordingly, the cases of all the similarly situate persons including the case, CWP (T) No. 8352/2008 of the present petitioner were taken up with the Government for releasing of benefits to the respective petitioners, who have factually not been granted any benefit as yet, to the extent of the relief granted by the Hon''ble Apex Court in Suresh Rana''s case and other connected matters also keeping in view the stay granted by the Hon''ble Apex Court in the matter. The Government, in turn, had conveyed its approval to release the interim benefits in terms of the relief presently granted by the Hon''ble Apex Court in Suresh Rana''s case and other connected matters to such petitioners who had not been granted any benefit as yet.

That it is submitted that as per the approval of the Government, directions were passed by the present deponent to all the concerned sub offices to release the benefit to the respective petitioners including the petitioner in CWP (T) No. 8352/2008, which also included the name of the present petitioner, who had not been granted any benefit as yet, strictly on the analogy of the orders passed by the Hon''ble Supreme Court in Suresh Rana''s case on 10.02.2014, after completion of all the codal formalities, vide letter dated 27-02-2016 whereafter the compliance report was also filed in the matter in COPC No. 877/2015 filed earlier by the respective petitioners.

That it is further submitted that at the time of filing initial claim i.e. OA No.598/2002, subsequently re-registered as CWP (T) No. 8352/2008 before the Hon''ble High Court after scrapping of erstwhile HP Administrative Tribunal in the year 2008, the present petitioner was posted in District Shimla. However, subsequently he was transferred and reallocated to District Kinnaur under the District cadre. It is submitted that on account of the above just and bonafide reason, the pay of the present petitioner could not have been re-fixed earlier and arrears released to him, pursuant to the earlier directions passed by the office of the present Deponent.

That it is submitted that subsequently, immediately after coming into the notice of the above matter, fresh directions vide letter dated 01-04-2017 were issued by the present Deponent to the Chief Medical Officer, Kinnaur to get the needful done in an expeditious manner. The attested photocopy of the letter dated 01-04-2017 is placed on record as Annexure R-1, for kind perusal of the Hon''ble Court. Accordingly, the pay of the present petitioner has also been fixed by the office of the Chief Medical Officer, Kinnaur vide office order dated 18-04-2017, attested photocopy whereof is placed on record Annexure R-2, for kind perusal of the Hon''ble Court. It is further submitted that as per the latest information furnished by the Chief Medical Officer, Kinnaur, the net arrears to the tune of Rs. 6,68,405/- (Rs. Six lacs sixty eight thousand four hundred and five rupees only) is being released to the present petitioner into his respective Bank Account by the District Treasury Officer directly in the matter.

That it is submitted that the judgment dated 30-04-2010 passed in CWP (T) No. 8352/2008 stands implemented qua the present petitioner, on the same analogy of the Suresh Rana''s case as per the directions passed by the Hon''ble High Court vide judgment dated 17-12-2015 in COPC No.877/2015 and in furtherance of the order dated 23-03-2017 passed in COPC No.34/2017, needful has also been got done in the matter by making necessary compliance."

In view of the above, amount stands sanctioned and has been directed to be released in favour of the petitioner. As such, present petition stands disposed of, so also pending application(s), if any.