Anil Kumar Bansal vs Onkar Chand & Ors
2023 Latest Caselaw 1953 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

COPC No.342 of 2022 Decided on: 7th March, 2023

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Anil Kumar Bansal ....Petitioner

Versus

Onkar Chand & Ors. ...Respondents _________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Ajay Sharma, Senior Advocate r with Mr. Ajay Thakur, Advocate.

For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate General.

Jyotsna Rewal Dua, Judge

The petitioner has alleged violation of order dated

11.03.2016, passed by the erstwhile H.P. Administrate

Tribunal in OA No. 5379 of 2015 (Anil Kumar Bansal Vs.

State of Himachal Pradesh and others).

2. In terms of the said order dated 11.03.2016,

Annexure P-3 (part of the original application) was quashed

and the respondents/competent authority was directed to

decide the case of the petitioner in terms of the judgment

Whether reporters of Local Papers may be allowed to see the judgment?

delivered in CWP No.9094 of 2013 (Surinder Kumar Vs. State

of H.P and others and the connected matter). The

respondents/competent authority was further directed that

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on finding the applicant to be similarly situated as above,

benefit of the said judgment, if the same has attained finality

and implemented, be extended to him in accordance with law.

3. During hearing of the case today, the respondents

have placed on record copy of consideration order dated

22.12.2022. In terms of this order, case of the petitioner for

providing employment on compassionate ground has been

rejected. Order was passed by the respondents six years from

the date of judgment i.e. 11.03.2016 and after the filing of the

contempt petition. Nonetheless, the fact remains that the

judgment has now been implemented and the consideration

order stands passed. The contempt petition is accordingly

closed. Notices issued to the respondents are discharged.

In view of the fact that consideration order

rejecting petitioner's case has now been passed, therefore, the

issue pertaining to the delay on part of the respondent in

passing the order and implementing the judgment has not

been examined. The petitioner shall be at liberty to assail the

consideration in accordance with law, if he still feels

aggrieved.

The pending miscellaneous application(s), if any,

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also stand disposed of.

Jyotsna Rewal Dua Judge March 7, 2023

R.Atal