Neelam Kumari vs Sh. Devesh Kumar And Another
2023 Latest Caselaw 9571 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

COPC No.346 of 2022 Decided on: 17th July, 2023

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    Neelam Kumari                                                     .....Petitioner




                                                                                   .

                                               Versus

    Sh. Devesh Kumar and another                                  .....Respondents

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Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting? 1

For the Petitioner:

Mr. Vikas Rajput, Advocate.

For the Respondents: Mr. Y.P.S. Dhaulta and Mr. Rupinder rSingh Thakur, Additional Advocates General with Ms. Seema Sharma,

Deputy Advocate General.

Respondent No.2-Dr. Amarjeet K.

Sharma, present in person.

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Jyotsna Rewal Dua, Judge

The petitioner has alleged violation of judgment

dated 29.07.2022 passed in CWPOA No.8075 of 2019

(Neelam Kumari Versus The State of Himachal Pradesh and

another). Following directions were issued in the aforesaid

judgment:-

"6. Consequently in view of above, this court finds merit in the petition and the same is allowed. Respondents are directed to consider case of the petitioner for promotion to the post of Assistant Librarian from the date, she had completed five years regular service as Library Attendant against first available vacancy alongwith all consequential benefits.

1 Whether reporters of print and electronic media may be allowed to see the order?

7. However, financial benefits accruing to the petitioner on account of her promotion pursuant to this order, shall be restricted to three years prior to the date of filing of the Original Application before the erstwhile Himachal Pradesh Administrative Tribunal.

8. Since the petitioner has been fighting in the court for years together, this court hopes and trusts that the

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needful shall be done by the respondents expeditiously,

preferably within a period of six weeks from today, failing which petitioner shall be entitled to interest at the rate of 6% on consequential financial benefits, which she may be entitled to in consequence to this order."

2. The respondents filed a compliance affidavit in

the matter, which was noticed in the order dated

16.06.2023 as under:-

"The respondent has filed the compliance affidavit stating therein that the petitioner has been

promoted as Assistant Librarian w.e.f. 05.05.2006 instead of 05.05.2016 on completion of five years'

regular service as Library Attendant vide office order dated 10.04.2023. However, there is no reference either in the compliance affidavit or in the order dated 10.04.2023 about release of financial benefits to the

petitioner in terms of paras 6 and 8 of the judgment.

Learned Additional Advocate General prays for and is granted two weeks' time to obtain fresh instructions in that regard.

At his request, list on 06.07.2023."

On the next date of hearing, i.e. 06.07.2023, the

respondents were granted further ten days' time to

implement the judgment in question in letter and spirit.

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

Additional Advocate General placed on record copy of the

instructions memo dated nil, issued by the Director of

Higher Education, Himachal Pradesh and addressed to the

office of learned Advocate General. In terms of the

instructions memo, the petitioner has been promoted as

Assistant Librarian w.e.f. 05.05.2006 on completion of five

years of regular service vide office order dated 10.04.2023.

The instructions memo also states that pay of the petitioner

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has also been re-fixed accordingly. Office order dated

15.07.2023, re-fixing petitioner's pay in the pre-revised pay

scale, has been appended alongwith the instructions memo.

4. Learned Additional Advocate General, on the

basis of instructions imparted by Dr. Amarjeet K. Sharma,

Director Higher Education, Himachal Pradesh, states that

consequential monetary benefits in terms of the judgment

dated 29.07.2022 including the interest component shall be

released to the petitioner within a week. His statement is

taken note of.

In view of the office order dated 15.07.2023 and

the submission made by learned Additional Advocate

General, nothing survives for consideration in the present

contempt petition. The same is accordingly closed. Notices

issued to the respondents are discharged. Liberty is,

however, reserved to the petitioner to seek appropriate

remedy in accordance with law, in case he still feels

aggrieved.

                                             Jyotsna Rewal Dua
    July 17, 2023                                  Judge
         Mukesh