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Judgment
Sandeep Sharma, J
By way of present contempt petition, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondent for having willfully and intentionally disobeyed the directions contained in judgment dated 12.9.2018, passed by the Erstwhile HP State Administrative Tribunal in OA No. 5155 of 2018, whereby the Tribunal below passed following order:
"As per report of the Registry, notice issued to respondent No.7 is still awaited. Now, let fresh notice be issued to the said respondent returnable within four weeks to be served through the process serving agency of this Tribunal.
The learned Additional Advocate General states that short replies/instructions in terms of the previous order dated 28.8.2018 are not coming forth. Accordingly, now let replies be filed within four weeks.
However, in the meanwhile, there shall be a direction in the interim to respondents No.1 to 6/component authority(s) to take further action in terms of the communication dated 12th March, 2018, Annexure A-18, from the Principal Secretary (Personnel) to the Government of Himachal Pradesh to all the Administrative Secretaries to the Government of Himachal Pradesh, All Divisional Commissioners in Himachal Pradesh, All Head of Departments in Himachal Pradesh, All Deputy Commissioners in Himachal Pradesh, All the Chairmen, Managing Directors/Secretaries& Registrars of all the Public Sector Undertakings /Corporations/Boards/Universities, etc. in H.P., on the subject captioned 'Special recruitment drive for clearance of backlog and shortfall of Scheduled Castes, Scheduled Tribes, persons with Disabilities and Other Backward Classes in direct recruitments' as expeditiously as possible, preferably within three months from today."
Having heard learned counsel for the parties and perused material available on record, especially, reply filed by the respondents, this court finds that after issuance of aforesaid order passed by the Tribunal, instructions regarding launching of Special Recruitment Drive for clearance of shortfall and backlog of Scheduled Castes, Scheduled Tribes, persons with disabilities and Other Backward Classes in direct recruitment in each cadre in the services of the State came to be issued by the State Government vide department of Personnel's letter dated 21.11.2015 and 9.9.2016 (R1 and R2). Thereafter, respondents vide letter dated 6.4.2017 took a decision that the process of referring cases to the finance department with regard to filling up of shortfall and backlog of Schedules Castes, Scheduled Tribes, persons with disabilities and Other Backward Classes as necessitated in the instructions dated 21.11.2015 and 9.9.2016 shall be dispensed with. Perusal of letter dated 12.3.2018 reveals that repeated advisories came to be issued to all the functionaries of the State Government that sincere efforts should be made to ensure that backlog of reserved vacancies of Schedules Castes, Scheduled Tribes, persons with disabilities and Other Backward Classes is cleared in a time bound manner.
Having perused reply filed by the respondents, this Court finds that effective steps already stand taken for clearance of shortfall and backlog of Schedules Castes, Scheduled Tribes, Persons with disabilities and Other Backward Classes in direct recruitment in each cadre. This Court with a view to ascertain the correct vacancy position in the cadre of TGTs in the respondent-State directed the learned Additional Advocate General to have instructions vide order dated 8.9.2020. Pursuant to aforesaid directions, learned Additional Advocate General has placed on record, communication dated 5.10.2020, issued under the signature of Director of Elementary Education, Himachal Pradesh, perusal whereof reveals that at present, 1738 posts of TGTs in different streams are lying vacant. Though process to fill up aforesaid vacant post stands initiated but on account of COVID-19, department concerned has not been able to fill up the aforesaid posts. Learned Additional Advocate General on the basis of reply as has been taken note herein above as well as oral instructions imparted to him states before this Court that steps for filling up of 12 posts belonging to OBC category shall be taken forthwith, if not already taken.
Consequently, in view of the aforesaid reply filed by the respondents, this Court sees no reason to keep the present petition alive and accordingly, same is closed. However, respondents are directed to ensure that shortfall and backlog of reserved vacancies of Schedules Castes, Scheduled Tribes, persons with disabilities and Other Backward Classes in direct recruitment in each cadre is cleared expeditiously.