Between vs Unknown
2022 Latest Caselaw 7858 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 16th DAY OF SEPTEMBER, 2022
                                  BEFORE




                                                             .
              HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





            CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL)
                             NO.283 OF 2020





            Between:-
          JAI LAL S/O MOTI RAM JHAGTA,
          AGED ABOUT 53 YEARS,
          PRESENTLY WORKING AS PET
          IN GSSS BHONT (SHIMLA),





          R/O VILLAGE PREM NAGAR,
          P.O. TURAN, TEHSIL JUBBAL,
          DISTRICT SHIMLA, H.P.

                                                            ....PETITIONER


          (BY PREM P.CHAUHAN, ADVOCATE)

                AND


    1.    SH. SANJAY GUPTA, IAS,
          PRINCIPAL SECRETARY (EDUCATION)
          TO THE GOVERNMENT OF HP,
          HP SECTT. CHHOTTA SHIMLA,




          SHIMLA-171002 HP

    2.    SH. B.L. BINTA, DIRECTOR





          OF HIGHER EDUCATION,
          DIRECTORATE OF HIGHER EDUCATION,
          LAL PANI, NEAR OLD BUS STAND,





          SHIMLA-171001 HP

          (BY. MS. RITTA GOSWAMI,
          ADDITIONAL ADVOCATE GENERAL)

                                                       .....RESPONDENTS

    _________________________________________________________________
                This petition coming on for admission this day, the

    Court passed the following:




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                                                 2


                                      ORDER

This contempt petition was instituted on 07.10.2017

before the erstwhile H.P. Administrative Tribunal. The allegations in

.

the petition are that the judgment dated 18.05.2016, passed in TA

No.2162 of 2015 has not been complied with by the respondents.

2. During hearing of the case today, learned Additional

Advocate General has placed on record instructions dated

10.11.2020, issued from the office of the Director Elementary

Education, H.P. to the effect that the judgment in question stands

complied with by the respondents and consideration order in terms

of the judgment was passed on 28.07.2018. The petitioner was

considered against the reserved vacancies of ex-servicemen arisen

after their appointment and benefits of approved military service

has already been granted to him. The arrears amounting to

Rs.16,22,219/- has also been released in favour of the petitioner.

The relevant part of the memo of instructions dated 10.11.2020

reads as under:-

"That in this regard it is submitted that in compliance to the order passed by the Hon'ble erstwhile Tribunal on 18.05.2016 in TA No.2162/2015, titled as Jai Lal Vs State of Himachal

Pradesh an, the detailed speaking orders have been passed by the Dy. Director of Elementary Education, Shimla vide order No. Shiksha-SM: (1-3) B-01/2018 (Ex-servicemen), dated 28.07.2018 and the petitioner has been considered against the reserved vacancies of ex-servicemen arisen after their appointment and benefit of approved military service has already been granted to the petitioner. The arrears amounting Rs.1622219/- (Sixteen Lac Twenty Two Thousand Nineteen)

has already been released in favour of the petitioner. The copy of the same is enclosed herewith for your kind perusal please."

3. Since the judgment now stands complied with, hence,

.

the proceedings are closed and the present contempt petition is

disposed of accordingly, so also the pending miscellaneous

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

Jyotsna Rewal Dua Judge September 16, 2022

R.Atal