Sanjay Kumar vs Bharat Khera And Others
2023 Latest Caselaw 8684 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                 COPC No. 162 of 2023
                                             Decided on: June 28, 2023
    ________________________________________________________




                                                                                .
    Sanjay Kumar                                      ...........Petitioner





                                      Versus
    Bharat Khera and others                            ....Respondents
    ________________________________________________________
    Coram:





    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1No.

    For the Petitioner                     :      Mr. Sanjeev Bhushan, Senior
                                                  Advocate with Mr. Rakesh Chauhan





                                                  Advocate..

    For the Respondents                    :
                                  Mr. Rajan Kahol, Mr. Vishal Panwar
                                  and Mr. B.C. Verma, Additional
                                  Advocates General with Mr. Rahul
                        r         Thakur and Mr. Ravi Chauhan,
                                  Deputy Advocates General.

    ________________________________________________________
    Sandeep Sharma, Judge (oral):

While placing on record communication dated 27.6.2023

issued under the signatures of Superintendent of Police Sirmaur at

Nahan, Mr. B.C. Verma, learned Additional Advocate General states

that the mandate contained in the judgment alleged to have been

violated has been complied with.

2. Having perused the aforesaid communication as well as copy of

appointment order appended with the communication, this court finds

that pursuant to mandate contained in the judgment alleged to have

been violated, petitioner has been issued appointment order against

the post of Constable on notional basis from September 2022 and on

actual basis with effect from 26.6.2023.

3. Since as per mandate contained in the judgment alleged to

have been violated benefit of seniority is to be given to the petitioner,

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

learned Additional Advocate General states that same shall be

extended to the petitioner, if not already extended, within four weeks.

.

He further states that actual monetary benefits payable to the

petitioner on the date of judgment i.e. 10.1.2023, shall also be released

to the petitioner by the respondents, within a period of four weeks.

4. Having taken note of aforesaid compliance, there appears to be

no justification to keep the present proceedings alive and the same are

disposed of, however, liberty is reserved to the petitioner to get the

alleged r to instant petition revived, in case, benefit of seniority and actual

monetary benefits in terms of mandate contained in the judgment

to have been violated are not granted/released within four

weeks.

5. Petition stands disposed of in the afore terms. Notices issued to

the respondents are discharged.

(Sandeep Sharma) Judge June 28, 2023

(vikrant)