Nek Ram vs Subhashish Panda & Ors
2023 Latest Caselaw 8803 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH,
                       SHIMLA
                                      COPC No. 417/2022
                                      Decided on: 03.07.2023




                                                                          .
    Nek Ram                                      ...Petitioner





                        Versus
    Subhashish Panda & ors.                    ....Respondents
    ..........................................................................................





    Coram
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
    Whether approved for reporting?1

    For the petitioner:              Mr. R.L. Chaudhary, Advocate.

    For the respondents:


    Jyotsna Rewal Dua, J.

                         r               to
                                     Mr. Varun Chandel, Additional Advocate
                                     General.

Following order was passed in this contempt petition on

02.06.2023:-

"This contempt petition arises out of nonimplementation of judgment dated 26.11.2021 rendered in CWP No.56 of 2020 (Nek

Ram Versus State of H.P. and others). On previous occasions, the sole defense of the respondents for not implementing the

judgment was pendency of LPA No.19 of 2023 (State of H.P. and others Versus Nek Ram and others) instituted by the State

against the aforesaid judgment. It is not in dispute that LPA No.19 of 2023 has been dismissed on 10.03.2023. It is also not in dispute that as of now there is no challenge to judgment dated 26.11.2021 rendered in CWP No.56 of 2020.

Despite the above admitted factual position, learned Additional Advocate General submits that LPAST No.35063/2022, involving the issues which were subject matter of the decisions rendered in the instant case, was listed before the Division Bench of this Court on 17.05.2023, when the Hon'ble Court directed the

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

Registry to list all similar cases (approximately 1000) on the next date of hearing and the matter has been posted for 05.07.2023.

In the instant case, the letters patent appeal filed by the

.

respondent-State against the judgment in question stands

dismissed. Hence, the respondents cannot take the stand of pendency of other similar cases or other appeals for not

implementing the judgment in question. However, at the request of learned Additional Advocate General, two weeks' time is granted to the respondents to implement the judgment in letter and spirit, failing which appropriate order shall be passed in the

matter on the next date of hearing.

r List on 23.06.2023. "

2. On the next date of hearing i.e. 23.06.2023, noticing that

there were no further instructions available with the learned

Additional Advocate General in respect of compliance of the

judgment in question and also the fact that despite dismissal of LPA

No. 19/2023, the respondents had still not complied with the

judgment, the matter was ordered to be listed on 28.06.2023 for

presence of respondents No.2 to 4, in case of non implementation of

the judgment by the next date. On the next date of listing i.e.

28.06.2023 following order was passed in the matter:-

"Shri Ajay Gupta, Engineer-in-Chief and Shri Krishan Kumar, Executive Engineer, have attended the hearing today. The court has interacted with the officers present. Shri Ajay Gupta, has assured that the judgment in question shall be implemented in letter and spirit within next three days.

In view of the statement made by Shri Ajay Gupta, list this matter on 03.07.2023, to oversee the implementation of the judgment."

.

3. Today, when the matter was taken up learned Additional

Advocate General placed on record a copy of instruction memo dated

01.07.2023 issued from the office of Engineer-in-Chief, H.P. PWD,

Shimla, addressed to learned Advocate General. Copy of office order

dated 30.06.2023 has also been appended, which inter alia reads as

under:-

r to "Since the contempt petition before the Hon'ble Court is pending

and the final advise of the Govt. has not been received and the Hon'ble Court has directed to implement the judgment within three days, therefore, in obedience to the directions passed by the Hon'ble court, the petitioner is extended the benefit of

regularization w.e.f. 01.01.2000 as directed in judgment dated 26.11.2020 subject to outcome of the proposed appeal/review of other legal remedy available to the respondents against the

judgment dated 26.11.2020.

This order shall not be treated as precedent by any other person as the same is being passed in compliance to the

directions of the Hon'ble Court in COPC order shall be subject to the final outcome of appeal and all other legal remedies available to the respondent department."

4. Since the judgment in question has now been

implemented by the respondents/State subject to final outcome of

proposed appeal/review or other legal remedies available to the

respondents/State against the judgment in question, no further order

is required to be passed in this contempt petition. Hence, this petition

is accordingly closed. Notices issued to the respondents are

discharged. Pending miscellaneous application(s), if any, also stand

.

disposed of.

                                                       Jyotsna Rewal Dua
                                                            Judge





    3rd July 2023(rohit)




                      r        to