Himachal Pradesh High Court
Shri Inder Singh vs The State Of Himachal on 13 August, 2021
Bench: Vivek Singh Thakur
REPORTABLE/NON-REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
ON THE 13th DAY OF AUGUST, 2021
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
EXECUTION PETITION (TRIBUNAL) NO.199 OF 2020
Between:-
1. SHRI INDER SINGH
S/O LATE SHRI SHANKAR DASS,
R/O VILLAGE HART, P.O.KOTLI,
TEHSIL KOTLI, DISTRICT MANDI
HP PRESENTLY SERVING AS
CLASS-IV EMPLOYEE IN HEALTH
DEPARTMENT MANDI, DISTRICT
MANDI, H.P.
2. SHRI KULDEEP SINGH
S/O SHRI HEM CHAND,
R/O VILL. & P.O. PURANI MANDI,
TEHSIL AND DISTRICT MANDI
HIMACHAL PRADESH,
PRESENTLY SERVING AS CLASS
IV EMPLOYEE IN HEALTH
DEPARTMENT MANDI, DISTRICT
MANDI, H.P.
3. SHRI RAJESH KUMAR
S/O SHRI BALI RAM,
R/O VILL. AND P.O. KOTLI,
TEHSIL KOTLI, DISTRICT MANDI
PRESENTLY SERVING AS CLASS
IV EMPLOYEE IN HEALTH
DEPARTMENT MANDI, DISTRICT
MANDI, H.P.
4. SHRI MAST RAM
S/O SHRI DEVI SINGH,
R/O VILLAGE UPPER BROT,
P.O. SARKAGHAT, DISTRICT
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MANDI HIMACHAL PRADESH,
PRESENTLY SERVING AS
.
CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
5. SHRI TEJ SINGH
S/O SHRI GYARU RAM,
R/O VILL. & P.O. KUFRI,
TEHSIL PADHAR, DISTRICT
MANDI HIMACHAL PRADESH
PRESENTLY SERVING AS CLASS
IV EMPLOYEE IN HEALTH
DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
6. SHRI DEVI RAM
S/O SHRI CHAUDHARY,
R/O VILLAVE LAWANDI,
P.O.BIJNI, TEH.AND DISTT.
MANDI HIMACHAL PRADESH
PRESENTLY SERVING AS CLASS
IV EMPLOYEE IN HEALTH
DEPARTMENT MANDI, DISTRICT
MANDI, H.P.
7. SHRI BADRI DUTT
S/O SHRI TODAR RAM,
R/O VILL. & P.O. SAKWAHAN,
TEHSIL JOGINDERNAGAR,
DISTRICT MANDI HIMACHAL
PRADESH PRESENTLY SERVING
AS CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
8. SHRI SHER SINGH
S/O SHRI TULA RAM,
R/O VILL. & P.O. KUFRI,
TEHSIL JOGINDERNAGAR,
DISTRICT MANDI, HIMACHAL
PRADESH, PRESENTLY SERVING
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AS CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
.
DISTRICT MANDI, H.P.
9. SHRI CHURAMANI,
S/O SHRI ROPP SINGH,
R/O VILLAGE CHAITRU, P.O.
KUMI, TEHSIL
JOGINDERNAGAR,
DISTt.MANDI, HIMACHAL
PRADESH PRESENTLY SERVING
AS CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
10. SHRI SURESH CHAND,
S/O SHRI DEVI RAM,
R/O VILL. MAJHARNU, P.O. AND
TEHSIL JOGINDERNAGAR,
DISTRICT MANDI, HIMACHAL
PRADESH, PRESENTLY
SERVING AS CLASS-IV
EMPLOYEE IN HEALTH
DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
11. SMT. TULSHI DEVI
WIFE OF SHRI PITAMBER,
R/O VILL. & P.O. GURKOTHA,
TEHSIL SUNDERNAGAR,
DISTRICT MANDI, HIMACHAL
PRADESH PRESENTLY SERVING
AS CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
12. SHRI DAULAR RAM
S/O SHRI KARMU RAM,
R/O VILL.& P.O. PARWARA,
TEHSIL CHACHIOT, DISTRICT
MANDI,HIMACHAL PRADESH
PRESENTLY SERVING AS
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CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
.
DISTRICT MANDI, H.P.
13. SMT. SOBHA DEVI
W/O SHRI CHATTER SINGH,
R/O VILL. & P.O. KARSOG,
TEHSIL KARSOG, DISTRICT
MANDI, HIMACHAL PRADESH,
PRESENTLY SERVING AS
CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
14. SHRI NIKA RAM
S/O SHRI RATTAN CHAND,
R/O VILLAGE CHAMAHAN,
P.O.PADHAR,TEHSIL PADAHR,
DISTRICT MANDI,
HIMACHAL PRADESH,
PRESENTLY SERVING AS
CLASS-IV EMPLOYEE IN
HEALTH DEPARTMENT MANDI,
DISTRICT MANDI, H.P.
....PETITIONERS
(BY MS. BABITA ADVOCATE VICE MR.A.K.GUPTA,
ADVOCATE)
AND
1. THE STATE OF HIMACHAL
PRADESH THROUGH ITS
PRINCIPAL SECRETARY
(HEALTH) WITH HEADQUARTERS
AT SHIMLA, HIMACHAL
PRADESH
2. THE DIRECTOR (HEALTH SERVICE)
WITH HEADQUARTERS AT SHIMLA,
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HIMACHAL PRADESH.
3. THE CHIEF MEDICAL OFFICER, MANDI,
.
DISTRICT MANDI, HIMACHAL PRADESH
...RESPONDENTS
(BY SHRI AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE
GENERAL)
This petition coming on for orders this day, the Court passed the following:
JUDGMENT
Compliance affidavit on behalf of respondents
stands filed along with copy of order dated 5 th March, 2018
stating that case of petitioners has been considered and
decided by competent authority in compliance of order dated
4.10.2017 passed by Erstwhile Tribunal in OA(M) No. 189 of
2016.
2 The Erstwhile Tribunal had directed the
respondents to consider and decide the case of petitioners
within two months from the date of passing of order and thus,
it was to be decided on or before 4.12.2017, but, there is
delay in complying the order. However, learned Senior
Additional Advocate General submits that he has instructions
to tender unconditional and unqualified apology for delay
which was neither intentional nor willful.
3 Faced with aforesaid situation, learned counsel for
petitioners seeks permission to withdraw the petition with
liberty to file appropriate comprehensive petition for redressal
of their grievances including assailing the order dated
.
5.3.2018 whereby claim of petitioners has been rejected.
4 In aforesaid circumstances, present petition is
dismissed as withdrawn with liberty to petitioners to file
appropriate petition for redressal of their grievances, as
prayed. In case, such petition is filed within a reasonable
period, then delay and latches shall not come in the way of
petitioners as they were pursuing the present petition
bonafide.
August 13,2021 (Vivek Singh Thakur)
(ms) Judge
