3.2023 Present Mr. Vikas Rajput vs Advocates General
2023 Latest Caselaw 1630 HP

Dr. Ravinder Guleria v. State and connected matter

.

Execution Petition No. 219 & 220 of 2022

1.3.2023 Present Mr. Vikas Rajput, Advocate, for the petitioner(s).

Mr. Rajan Kahol and Mr. Vishal Panwar, Additional

Advocates General, for the respondents.

Having perused communication dated 7.1.2023, addressed

to learned Advocate General by Director Higher Education enclosing

therewith copy of office order 12.12.2022, thereby refixing pay of the

petitioner(s) in terms of judgment(s) sought to be executed, this court is

persuaded to agree with learned counsel for the petitioner(s) that the

respondents have attempted to overreach the directions made in the

judgment(s) sought to be executed.

Careful perusal of the judgment dated 27.11.2012 passed

by this Court in CWP No. 8446 of 2010, clearly reveals that direction was

issued to the respondents to grant benefit to the petitioner in terms of

judgment dated 27.7.2011 in CWP(T) No. 7721 of 2008 Prem Lata

Thapar v. State of Himachal Pradesh and others. At no point of time,

this court while passing aforesaid order, restricted the monetary benefits,

if any, flowing from the judgment(s) sought to be executed for three

years, rather same were required to be paid on actual basis from due

date(s). Perusal of communication dated 7.1.2023 though suggests that

judgment(s) sought to be executed have been decided to be

implemented, but monetary benefits to the petitioner(s) flowing from the

judgment(s) sought to be executed, have been restricted to three years,

which is not permissible in view of specific mandate contained in the

judgment(s) sought to be executed.

Though this court is convinced and satisfied that the

respondents have not complied with the judgment(s) but before passing

any harsh order, this Court deems it fit to grant last opportunity to the

.

respondents to comply with judgment in letter and spirit, failing which the

respondents shall remain present in the court, on the next date of

hearing to explain, why their salaries and property of the Department be

not attached towards satisfaction of the judgment (s) sought to be

executed.

List on 3.4.2023.

                   r                                     (Sandeep Sharma)
                                                              Judge

       March 1, 2023
         (vikrant)