Palampur vs State Of Himachal Pradesh Through
2021 Latest Caselaw 3836 HP

             IN   THE   HIGH COURT OF HIMACHAL                PRADESH, SHIMLA

                           ON THE 11th   DAY
                                               OF AUGUST, 2021




                                                                    .
                                      BEFORE





                        HON'BLE MR. JUSTICE SANDEEP SHARMA

                   EXECUTION PETITON (TRIBUNAL) No167 of 2021





       Between:
       HAKAM RAM SON OF SH. GHAMI RAM,
       R/O VILLAGE KAND, POST OFFICE
       KAND GWAL TIKKAR, TEHSIL





       PALAMPUR, DISTRICT KANGRA, H.P.
                                                                           ....PETITIONER
       (BY SH. RAJESH VERMA, ADVOCATE)
       AND

    1. STATE OF HIMACHAL PRADESH THROUGH

       SECRETARY (PWD) TO STATE OF H.P.
       SHIMLA-171002.

    2. ENGINEER IN CHIEF(NATIONAL HIGHWAY DIVISION)
       SHIMLA.



    3. SUPERINTENDING ENGINEER, NATIONAL HIGHWAY
       CIRCLE, SHAHPUR, HPPWD, SHAHPUR, DISTRICT
       KANGRA, H.P.




    4. EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION,





       HPPWD, JOGINDERNAGAR, DISTRICT MANDI, H.P.
                                                                       ....RESPONDENTS
       (BY  SH.  SUDHIR   BHATNAGAR,  ADDITIONAL





       ADVOCATE GENERAL WITH SH. R.P. SINGH, SH.
       KAMAL SHARMA AND SH. NARENDER THAKUR,
       DEPUTY ADVOCATE GENERALS)

       This petition coming on for orders this day, the Court passed the following:

                    ORDER

Mr. Sudhir Bhatnagar, learned Additional Advocate General

while placing on record communication dated 1.4.2021, issued under

the signatures of Executive Engineer, NH Division HPPWD,

Jogindernagar, contends that entire amount on account of interest on

the arrears with effect from 31.8.2012 has been paid to the petitioner

.

and as such, nothing remains to be adjudicated in the present petition.

2. Having carefully perused the aforesaid communication,

which is taken on record, this Court finds that interest at the rate of 9%

per annum on due amount has been calculated by the Department and

bill amounting to Rs.1,71,886/- has been prepared and submitted to the

treasury on 1.4.2021 for payment to the petitioner. Aforesaid

communication also reveals that leave encashment amounting to

Rs.4828/- has also been calculated by the Department and a bill of said

amount has been submitted to the treasury for payment to the

petitioner. Besides above, aforesaid communication further reveals that

amount of DCRG, which was already received by the petitioner is liable

to be refunded as per the order passed by this Court, but yet

department has sent communication to the office of Senior Deputy

Accountant General (A&E), Himachal Pradesh, Shimla to calculate the

amount of DCRG after deducting the amount of DCRG already paid to

the petitioner, so that same is released to him.

3. After having perused the contents of aforesaid

communication, this Court is convinced and satisfied that judgment

sought to be executed stands duly complied with and as such, nothing

remains to be adjudicated in the present petition and as such, same is

accordingly disposed of. However, liberty is reserved to the petitioner to

file appropriate proceedings in appropriate Court of law, if he still

remains aggrieved.

.

    11th August, 2021                         (Sandeep Sharma),
      (shankar)                                    Judge





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