IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Execution Petition No.325 of 2023
Decided on: 08th November, 2023
_____________________________________________________
Narender Kumar & Ors. ....Petitioners
.
Versus
State of H.P. & Ors. ....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1
Whether approved for reporting?
For the petitioners
For the respondents
to:
:
Mr. R.K.Bawa, Senior Advocate with
Mr. H.R. Sidhu,Advocate.
Mr. Rajan Kahol, Additional Advocate
General.
______________________________________________________
Ranjan Sharma, Judge (Oral)
The petitioners are seeking the execution of the judgment passed by this Court in CWP No.1449 of 2021, titled as Narender Kumar & Ors. vs. State of Himachal Pradesh, decided on 07.09.2022 (Annexure E-1), wherein this Court had observed as under:-
"Learned counsel for the petitioner has submitted that the subject matter of the instant petitioner is fully covered by a judgment passed by the Division Bench of this Court in CWP No.342 of 2021 along with connected matters, titled as Yashwant Singh & Ors. vs. State of H.P. & others, decided 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 10/11/2023 20:31:45 :::CIS 2 on 31st August, 2022. The factual position was not disputed on behalf of the respondents.
2. It being so, respondent No.2 is directed to consider the case of the petitioners in the light of judgment passed by Division Bench if this court in CWP No. 342 of 2021 along with connected matters and in case the petitioners are found .
similarly situated ,they be allowed to the petitioners in CWP No. 342 of 2021 along with connected matters decided by judgment dated 31st August 2022 . He is also directed to pass necessary consideration order within six weeks from the date a copy of this order is produced before him. Petition is accordingly disposed of,so also ,the pending applications,if any."
2. This Court issued notice to the respondents on 05.10.2023 and thereafter the matter was taken up on 02.11.2023, whereby this Court had passed the following order:-
"6. Perusal of the above communication reveals that once the judgment in case of Yashwant Singh, CWP No.342 of 2021 stands implemented, then the reasons, for non- implementation of judgment and denial of similar benefits, to the petitioners, who are stated to be similarly placed, is prima facie, an attempt overreach the judgment(s) passed by this Court in case of Yashwant Singh and in case of the petitioners in Narender Kumar's case (supra).
That being so, this Court is reluctantly adjourning the matter, for three days only, so as to enable the respondents to report compliance of the judgment under reference, in the instant case. In case, compliance is not reported, on or before 8th November, 2023, then, the respondents shall appear in person before this Court. List this case on 8th November, 2023."
3. The matter was listed today and Mr. Rajan Kahol, learned Additional Advocate General has furnished instructions dated 07.11.2023, enclosing the order passed by the Director of ::: Downloaded on - 10/11/2023 20:31:45 :::CIS 3 Elementary Education on 07.11.2023. The instructions alongwith order are taken on record.
4. A perusal of the instructions as well as order dated .
07.11.2023, read as under:-
"In the matter of Ex. Pet. No.135/2023 in CWP No.1449/2021, titled as Narender Kumar & ors. vs. State of H.P. & ors.
Sh. Narender Kumar & ors. have preferred this CWP NO.1449 of 2021 to grant benefit of reularization to the petitioners w.e.f. 01.04.2018 on the analogy of judgment passed by the Hon'ble High Court of H.P. in CWP No.342 of 2021 alongwith connected matter titled as yashwant Sing & ors. vs. State of H.P. & ors. decided on 31.08.2022.
The case was listed on 07.09.2023, when the same was disposed of. The operating part of the order is as under:-
"2. It being so respondent No.2 is directed to consider the case of the petitioners in the light judgement r passed by Division Bench of this Court in CWP No. 342 of 2021 alongwith connected matters and in case, the petitioners are found similarly situated, they be allowed the same benefits as were allowed to the petitioners in CWP No. 347 of 2021 alongwith connected matter decided by the judgment dated 31"
August, 2022 He is also directed to pass necessary consideration order within six weeks from the date a copy of this order is produced before him."
That an Execution Petition No.325 of of 2023 has been filed for non- implementation of the above order, which was listed on 02.11.2023. The operative part of the order passed by the HHC on this day is as under.
"6. Perusal of the above communication reveals that once the judgment in case of Yashwara Singh, CWP No.342 of 2021 stands implemented, then the reasons, for non- implementation of judgement and denial of similar benefits, to the petitioners, who are stated to be similarly place, is prima-facie, an attempt overreach the judgment(s) passed by this court in case of Yashwant Singh and in case of the petitioners in Narender Kumar's (supra)."::: Downloaded on - 10/11/2023 20:31:45 :::CIS 4
That the cases of the petitioners have been examined and it has been found the the petitioners are similarly situated to Sh. Yashwant Singh & others, and fully covered by the judgment delivered by the Hon'ble High Court of HP in CWP No. 342 of 2021 alongwith connected matter, titled as Yashwant Singh & .
ors vs State of HP & ors, decided on 31.08.2022, hence are entitled for same benefits as have been allowed to the petitioners in CWP No. 342 of 2021 alongwith connected matters decided on 31.08.2022.
Therefore, in view of the facts and circumstances narrated above a pursuance to the directions of the Hon'ble High Court passed in the instant case on 07.09.2022 and in Ex. Pet. No.325 of 2023 on 02.11.2023 and the approval conveyed in the matter Govt, vide letter No.EDUA-EO05/4/2023-EDDO-A dated 07.11.2023, the Deputy Director of Elementary Education Shimla and Solan are hereby directed to allow benefit of regularization to the petitioners w.e.f 01.04.2018 on the analogy of judgment delivered by the Hon'bl Court of H.P. in CWP No. 342 of 2021 alongwith connected matter, titled as Yashwant Singh & ors vs State of H.P & ors, decided on 31.08.2022."
5. In view of the information furnished to this Court by way of aforesaid instructions dated 07.11.2023, since the Director of Elementary Education has directed the Deputy Director of Elementary Education, Shimla and Solan, to allow benefit of regularization to the petitioners w.e.f. 01.04.2018 on the analogy of judgment delivered by this Court in CWP No.342 of 2021, titled as Yashwant Singh & Ors. vs. State of H.P. & Ors., decided on 31.08.2022, this Court disposes of the present petition with direction to the respondents, i.e. Deputy Director of Elementary Education, Shimla and Solan to release the accruing benefits strictly in ::: Downloaded on - 10/11/2023 20:31:45 :::CIS 5 accordance with law, within six weeks, positively and to report compliance on 22.12.2023.
Pending miscellaneous application(s), if any, shall also .
stand disposed of.
(Ranjan Sharma)
Judge
November 08, 2023
(reena)
r to
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