Om Parkash vs State Of H.P. & Ors
2022 Latest Caselaw 11834 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Ex. Pet. No.460 of 2020 Decided on: 30th December, 2022

.

_________________________________________________________________

Om Parkash ....Petitioner

Versus

State of H.P. & Ors. ...Respondents _________________________________________________________________ Coram

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Parav Sharma, Advocate, vice Mr. Ramakant Sharma, Advocate.

For the respondents: Ms. Ritta Goswami, Additional Advocate General.

Jyotsna Rewal Dua, Judge

Original Application No.2018 of 2019, filed by the

petitioner was allowed by the learned erstwhile H.P. Administrative

Tribunal on 31.05.2019 in the following terms: -

"4. The learned counsel for the applicant submits at the very outset that the case of the applicant is squarely covered

under judgment dated 30.11.2010 rendered by the Hon'ble High Court of Himachal Pradesh in CWP(T) No.6037 of 2008, H.P. Rajkiya Prathmik Anubandh Adhyapak Sangh Versus State of H.P. and another, as upheld in LPA No.108 of 2012, vide common judgment dated 13th December, 212, Annexure P-4, in LPA No.105 of 2010-C, The State of Himachal Pradesh and others

Whether reporters of Local Papers may be allowed to see the judgment?

Versus Rakesh Chand and others and the connected matters.

5. The learned Additional Advocate General states that subject to verification of record, if it is found that the applicant is similarly situate as the petitioners/

.

beneficiaries in the aforesaid judgments, his case shall also be considered accordingly.

6. In view of the above, the original application is disposed

of in terms of the aforementioned judgments 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 judgments, if the same have attained finality/ implemented, shall be extended to him alongwith consequential benefits, if any, as per law, within three months from the date of production of the certified copy of r this order alongwith copy of the aforementioned

judgments in CWP(T) No.6037 of 2008, before the said authority by the applicant."

2. Learned Additional Advocate General has placed on

record instructions dated 10.12.2020 alongwith Treasury abstract

dated 14.09.2020. According to the instructions, 'all Deputy

Directors of Elementary Education, vide Directorate letter dated

05.08.2020, had been directed to implement the judgment passed

on the analogy of CWP(T) No.6037 of 2008 (Himachal Pradesh

Rajkiya Prathmik Anubandh Adhyapak Sangh Vs. State of H.P. &

Ors) by passing speaking order being appointing/implementing

authority of the category concerned.......the arrear bill of the

petitioner amounting to Rs.2,07,150/- has been submitted in the

Treasury concerned on 30.11.2020.' The Treasury abstract has

been placed on record alongwith the instructions. Learned

Additional Advocate General submits that after making admissible

deductions, an amount of Rs.1,85,466/- had been paid to the

.

petitioner and that the judgment in question stands complied with.

3. In view of the above statement and documents placed

on record, the present execution petition is disposed of. However,

liberty is reserved to the petitioner to revive the execution petition,

in case need so arises in future. Pending miscellaneous

application(s), if any, also stand disposed of.

                     r                                      Jyotsna Rewal Dua
                                                               Judge

    December 30, 2022
         R.Atal