Hc Ranjeet Singh No. 118 vs State Of Himachal Pradesh
2022 Latest Caselaw 1013 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 15TH DAY OF MARCH, 2022

BEFORE

HON'BLE MR. JUSTICE SANDEEP SHARMA

.

EXECUTION PETITION(T) NO. 170 OF 2020

Between:-

SON OF LATE SH. SHAMSHER SINGH PRESENTLY NO. 118, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA,

DISTT. KANGRA, H.P.

2. H.C. SURINDER PAL SON OF SH. DESH RAJ PRESENTLY NO. 72, 2ND IRBN SAKOH,

TEHSIL DHARAMSHALA, DISTT. KANGRA, H.P.

3. H.C. KULJEET SON OF LATE SH. KISHORI LAL, PRESENTLY NO. 57, 2ND IRBN SAKOH,

TEHSIL DHARAMSHALA, DISTT. KANGRA, H.P.

4. H.C. RAKESH KUMAR

SON OF SH. SALIG RAM, PRESENTLY NO. 40,

KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA, DISTT. KANGRA

H.P.

5. H.C. HARISH SON OF LATE SH. SATPAL SAIN PRESENTLY NO. 112, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA H.P.

6. H.C. PARAMJIT SINGH SONOF SH. GANDHARV SINGH PRESENTLY NO. 57, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA

.

H.P.

7. H.C. VIKAS KUMAR SON OF SH. BACHHITER SINGH PRESENTLY NO. 220,

KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

8. H.C. VINAY KUMAR SON OF SH. SANGRAM SINGH PRESENTLY NO. 59, 2ND IRBN SAKOH,

TEHSIL DHARAMSHALA, DISTT. KANGRA, H.P.

9. H.C. RAJEEV KUMAR SON OF SH. JAGDEV SINGH PRESENTLY NO. 147, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

10. H.C. RAVINDER CHOUDHARY

SON OF SH. PARKASH CHAND PRESENTLY NO. 128, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

11. H.C. NARESH KUMAR SON OF PIAR CHAND PRESENTLY NO. 4, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA,

H.P.

12. H.C. SARWAN KUMAR SON OF DHARAM CHAND

KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

.

KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

13. H.C. ASHISH KUMAR

SON OF DALIP KUMAR PRESENTLY NO. 65, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

14. H.C. YASH PAUL RANA SON OF SH. PURSHOTAM RANA

PRESENTLY NO. 139, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

15. H.C. PANKAJ KATOCH SON OF SH. DHRUV CHAND PRESENTLY NO. 150, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

16. H.C. RAVI DUTT

SON OF BHANU DUTT PRESENTLY NO. 97, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

17. H.C. TARLOCHAN SINGH SON OF SH. HARNAM SINGH PRESENTLY NO. 124,

KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

18. H.C. UPSAM DHIMAN

.

SON OF SH. MADAN LAL

PRESENTLY NO. 135, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

19. H.C. TARSEM SINGH RANA SON OF TRILOK SINGH

PRESENTLY NO. 66, 2ND IRBN SAKOH, TEHSIL DHARAMSHALA, DISTT. KANGRA, H.P.

20. H.C. VINAY KUMAR SON OF JOGINDER PAUL

PRESENTLY NO. 138, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA,

H.P.

21. H.C. VINOD KUMAR SON OF SH. RAGHUNATH

PRESENTLY NO. 156, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

22. H.C. ASHOK KUMAR SON OF SH PARKASH CHAND PRESENTLY NO. 165, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

23. H.C. YASH PAL

SON OF MILAP CHAND PRESENTLY NO. 114, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

.

24. H.C. VIJAY SON OF PREM DASS PRESENTLY NO. 60, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

25. H.C. INDERJEET SON OF AMAR SINGH PRESENTLY NO. 52, 2ND IRBN SAKOH, TEHSIL DHARAMSHALA,

DISTT. KANGRA, H.P.

26. H.C. VARINDER KUMAR SON OF BALDEV SINGH PRESENTLY NO. 116, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

27. H.C. SANJEEV KUMAR SON OF UTTAM CHAND

PRESENTLY NO. 127, 2ND IRBN SAKOH, TEHSIL DHARAMSHALA DISTT. KANGRA, H.P.

28. H.C. ARJUN SINGH SON OF JASWANT SINGH PRESENTLY NO. 89, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

29. H.C. ANANT KUMAR SON OF KARAM CHAND

PRESENTLY NO.106, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

.

30. H.C. YASH PAUL

SON OF GANGADHAR PRESENTLY NO. 34, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

31. H.C. VIPAN KUMAR

SON OF DHANI RAM PRESENTLY NO. 172, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

32. H.C. RAJINDER SINGH SON OF SHER SINGH PRESENTLY NO. 90, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

33. H.C. AJAY KUMAR

SON OF SUBHASH CHAND PRESENTLY NO. 152, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

34. H.C. ANIL KUMAR SON OF DAYA RAM PRESENTLY NO. 100, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA,

H.P.

35. H.C. BHARAT BHUSHAN SON OF BALDEV SINGH PRESENTLY NO. 06, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

.

KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

36. H.C. JOGINDER SINGH

SON OF JASWANT SINGH PRESENTLY NO. 111, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

37. H.C. MALKIYAT SINGH SON OF PARKASH CHAND

PRESENTLY NO. 77, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

38. H.C. MAHINDER SONI SON OF LATE KALYAN CHAND SONI PRESENTLY NO. 204, KANGRA DISTRICT POLICE,

SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

39. H.C. SANDEEP BASHIST

SON OF KARAM CHAND PRESENTLY NO. 14, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

40. H.C. NARESH KUMAR SON OF KRISHAN SINGH PRESENTLY NO. 223,

KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

41. H.C. AJAY KUMAR

.

SON OF KARTAR CHAND

PRESENTLY NO. 98, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA

DISTT. KANGRA, H.P.

42. H.C. CHANDAN SINGH SON OF BALDEV SINGH

PRESENTLY NO. 186, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE, KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

43. H.C. NAVIN RANA SON OF KANSHI RANA PRESENTLY NO. 81, KANGRA DISTRICT POLICE, SUPERINTENDENT OF POLICE,

KANGRA DISTRICT AT DHARAMSHALA DISTT. KANGRA, H.P.

.. PETITIONERS

(BY TARA SINGH CHAUHAN, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPLE SECRETARY (HOME) TO THE GOVT. OF H.P.

SHIMLA-2

2. DIRECTOR-GENERAL OF POLICE HEAD QUARTER NIGAM VIHAR, SHIMLA-2

3. ADDITIONAL DIRECTOR-GENERAL OF POLICE ARMED POLICE & TRAINING, SHIMLA-2

4. COMMANDANT 2ND IRBN, SAKOH, DHARAMSHALA, DISTT. KANGRA H.P.

RESPONDENTS (MR. SUDHIR BHATNAGAR AND

.

MR. ARVIND SHARMA,

ADDITIONAL ADVOCATES GENERAL, WITH MR. GAURAV SHARMA, DEPUTY ADVOCATE GENERAL)

Whether approved for reporting:

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

O R D E R

By way of instant execution petition, prayer has been made

on behalf of the petitioners for execution of order dated 3.8.2016 passed

by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 3719 of

2016, whereby Original Application having been filed by the petitioners

herein came to be disposed of with a direction to the respondents to

consider the case of petitioners in light of judgment dated 4.8.2009

passed by this Court in CWP(T) No. 8161 of 2008 titled Satish Kumar

and others v. State of Himachal Pradesh and others, within a period of

three months. Since no steps, if any, came to be taken by the

respondents for execution of the aforesaid order passed by erstwhile

Himachal Pradesh Administrative Tribunal, petitioners approached this

court in the instant proceedings, seeking therein execution of the order

passed by erstwhile Himachal Pradesh Administrative Tribunal.

2. Pursuant to notices issued in the instant petition,

respondents have filed reply.

3. On 7.1.2022, learned Deputy Advocate General

representing respondents invited attention of this court to orders dated

7.8.2018 and 23.7.2021 (Annexure R-1) to claim that consideration order

in compliance of order dated 3.8.2016, stands passed but having

.

perused said order, this court observed that after passing of order dated

3.8.2016, Director-General of Police requested Additional Chief Secretary

(Home) to the Government of Himachal Pradesh to accord approval for

stepping up of pay of the petitioners at par with their juniors and pass

order so that anomaly could be removed. In response to the same,

Additional Chief Secretary (Home) apprised Director-General of Police

that the Finance Department has opined that there is no anomaly in pay

of the petitioner, on the date of promotion of junior officers.

4. In the aforesaid background, this court, while observing that

the orders 7.8.2018 and 23.7.2021 are not in consonance with order

dated 3.8.2016 passed by Himachal Pradesh Administrative Tribunal in

OA No. 3719 of 2016, also observed that the Department concerned, after

receipt of communication, if any, from the Additional Chief Secretary

(Home) and Finance Department ought to have passed detailed order

stating therein that how the case of the petitioners is not similar to the

petitioners in Satish Kumar supra. Today, during proceedings of the

case, learned Additional Advocate General has placed on record

communication dated 14.3.2022 enclosing therein copy of order dated

11.3.2022, whereby respondents, after having examined the matter, have

passed detailed order in compliance to order dated 3.8.2016 passed by

learned Tribunal below in OA No. 3719 of 2016. Since the respondents, in

compliance to the order sought to be executed, have considered and

decided the case of the petitioners in light of Satish Kumar supra, it

cannot be said that the order in question has not been executed.

5. Since there was a specific direction passed by erstwhile

.

Himachal Pradesh Administrative Tribunal to consider and decide the

case of petitioners in light of Satish Kumar and respondents have

considered and decided the case of the petitioners in light of judgment

supra, nothing remains to be adjudicated in the present petition.

6. Though learned counsel for the petitioners vehemently

argued that bare perusal of order dated 11.3.2022, nowhere suggests that

the case of petitioners has been considered and decided in light of

judgment in Satish Kumar supra, but this court finds no merit in the

aforesaid contention of learned counsel for the petitioners and accordingly

the same is rejected.

7. The question, "whether the respondents have rightly

considered and decided the case of petitioners in light of Satish Kumar",

cannot be gone into in the instant execution proceedings, rather legality

thereof can be laid challenge in separate proceedings. In the instant

proceedings, court is only to see, whether the order sought to be

executed, has been duly executed/implemented or not?

8. Having perused order dated 11.3.2022, this court is

convinced and satisfied that the order sought to be executed, stands

complied with and as such, nothing remains to be adjudicated in the

present proceedings and the same are closed. Liberty is reserved to the

petitioners to file appropriate proceedings before appropriate Forum,

laying therein challenge to the consideration passed by the respondents,

in compliance to order sought to be executed, if so required.

9. The petition stands disposed of in the afore terms.

.

.

                                             (Sandeep Sharma)
                                                  Judge





      March 15, 2022
         (Vikrant)




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