Himachal Pradesh High Court
Vijay Kaushal & Others vs . State Of H.P. & on 3 October, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Vijay Kaushal & others vs. State of H.P. & another Execution Petition (T) No.176 of 2023 a/w Execution Petition (T) No.79 of 2024 03.10.2024 Present: Mr.Peeyush Mehta, Advocate, vice Mr.Onkar Jairath, Advocate, for the petitioner in Execution Petition (T) No.176 of 2023. Mr.Dilip Sharma, Senior Advocate, alongwith Mr.Manish Sharma, Advocate, for the petitioner in Execution Petition (T) No.79 of 2024.
Mr.Ramakant Sharma, Additional Advocate General, for the respondents-State. Ex.P. (T) Nos.176 of 2023 & 79 of 2024 Compliance affidavit stands filed, whereby it has been conveyed that matter has been taken with H.P. Public Service Commission for convening Departmental Promotion Committee (DPC) for the purpose of promotion of the petitioners, if any, on the basis of revised seniority list prepared in compliance of the judgment passed by the Court. The seniority list, in Execution Petition (T) No.79 of 2024 was finalized on 10.09.2024 and in Execution Petition (T) No.176 of 2023 it was finalized on 09.09.2024.
On 12.09.2024, matters were listed in the Court and on that day, time to take consequential steps to complete compliance of the judgment, was sought on behalf of the respondents and accepting their prayer, matters were adjourned for 01.10.2024 i.e. today.
The material placed on record reflects that in Execution Petition (T) No.79 of 2024 nothing was done, after finalization of the seniority list, till 30.09.2024 and relevant communication in this matter appears to have been sent to the H.P. Public Service Commission on 30.09.2024, whereas, in Execution Petition (T) No.176 of 2023, it is stated to have been sent on 18.09.2024.
As already recorded in the orders passed on previous dates, especially on 30.07.2024 and 27.08.2024, petitioners are agitating for redressal of their grievances since the year 2016-2017. We are in 2024 and matters stand adjudicated and decided finally by the Supreme Court in December 2023. Since last 11 months conduct of the respondents indicates that they are not keen to ensure compliance of the orders passed by the Court in a time bound manner, but they are trying to delay the matter on one pretext or the other each and every time for extraneous reasons.
In the aforesaid facts and circumstances, it is directed that the respondents shall take up the matter with H.P. Public Service Commission on priority basis to ensure covening meetings of DPC at the earliest during the month of October 2024.
Needless to say that Secretaries/Principal Secretaries concerned i.e. Industries and Food and Civil Supplies, shall ensure compliance of the order by making personal efforts. They are directed to file personal compliance affidavit/report on next date.
Failure in compliance shall invite adverse order as already ordered on 30.07.2024.
List for consideration on 15.10.2024 (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge October 3, 2024 (Purohit) Digitally signed by SUBHASH CHAND DHIMAN SUBHASH DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 3418061207364d8c002725dfc58ff116f678c3d39289db29b99 CHAND 2cce875905119, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 5ce240fac0e1267843f29509683d09a9912af10edc4e6cd2ed5 d4a8c30134c1b, CN=SUBHASH CHAND DHIMAN Reason: I am the author of this document DHIMAN Location:
Date: 2024.10.04 12:48:08+05'30' Foxit PDF Reader Version: 2024.3.0