The State Of H.P And Others vs Pawan Sharma
2021 Latest Caselaw 1155 HP

               IN THE HIGH COURT OF HIMACHAL PRADESH
                              SHIMLA

                                                          CWP No. 466 of 2021




                                                                                .
                                                          Decided on : 22.2.2021





    The State of H.P and others                                                     Petitioners.
                                                 Versus





    Pawan Sharma                                                                    Respondent.
    Coram:
    Hon'ble Mr. Justice Sureshwar Thakur, Judge.
    Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
    Whether approved for reporting?1

    For the petitioners:
    For the respondents:
                           r                 to  Mr. Ashwani Sharma, Addl.A.G.
                                                  Nemo.

                                                  (Through video conferencing).


    Sureshwar Thakur, Judge (oral)

The operative part of the order made by the erstwhile

Himachal Pradesh Administrative Tribunal, on 1.8.2018, upon, O.A

No. 4480 of 2018, is reproduced hereinafter, and, a perusal thereof

discloses that it is merely an order directing the respondents therein,

to, consider the writ espousals, of, the respondent.

"6. In view of the above, the original application is disposed of in terms of the aforementioned order/judgment with a direction to the respondents/competent authority that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of the said order/judgment, if the same have attained finality/implemented shall also be extended to him alongwith consequential benefits, if any, as

Whether reporters of the local papers may be allowed to see the judgment?

...2...

per law, within three months from the date of production of certified copy of this order before the said authority by the

.

applicant."

2. The afore signification carried by the operative part, of,

the order made by the erstwhile Tribunal, does not render it to

acquire any tinge or overtone, of it being a peremptory mandate,

upon, the petitioners, to, confer the espoused benefits to respondent.

Hence, the petitioner/employer concerned is directed to pass an

order, considering, in accordance with law, the claim of the

respondent. The afore order be made within four weeks from today.

It is reiteratedly clarified that the order made by the employer shall

be made in consonance with law. Any order made by the employer

concerned shall be assailable before the appropriate Court of law.

3. In view of the above the present petition stands

disposed of alongwith all pending applications.

( Sureshwar Thakur), Judge.

    22nd February, 2021                      ( Chander Bhusan Barowalia ),
    (priti)                                                  Judge.