Amar Singh vs State Of H.P And Others
2023 Latest Caselaw 5164 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 Ex. Pet No.200 of 2020
                                          Decided on: 4th May, 2023
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    Amar Singh                                                        .....Petitioner




                                                                                     .

                                                 Versus

    State of H.P and others                                       .....Respondents





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    Coram

    Hon'ble Ms. Justice Jyotsna Rewal Dua, J.

Whether approved for reporting? 1

For the Petitioner r : Mr. Dalip Sharma, Advocate.

For the respondents :Mr. Anup Rattan, Advocate General, with Mr. Y.P.S. Dhaulta,

Mr. Navlesh Verma, Mr. Rupinder Singh, Additional Advocates General with Ms. Leena Guleria, Deputy Advocate, General, for the

respondents.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

The petitioner seeks execution of judgment

dated 06.04.2015 passed in OA No. 366 of 2015. In the

aforesaid judgment, learned Erstwhile HP Administrative

Tribunal had directed the respondents to consider the case of

the petitioner in light of judgment dated 28.07.2010 passed in

CWP No. 2735 of 2010 (Rakesh Kumar vs. State of H.P.)

alongwith connected matters.

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

2. During hearing of the case today, learned

Deputy Advocate General has placed on record a copy of

instructions memo dated 03.05.2023 addressed to Advocate

General by the Executive Engineer, Sundernagar Division,

.

HP. PWD, Sundernagar. These instructions state that the

claim of the petitioner was considered in terms of the

judgment dated 06.04.2015 passed in OA No. 366 of 2015,

but was rejected on 15.6.2015. However, learned Deputy

Advocate General further submitted that the case of the

petitioner is now being re-considered in light of subsequent

pronouncements in LPA No. 165 of 2021 titled State of H.P.

vs. Suraj Mani and others decided on 12.1.2023. Learned

Deputy Advocate General also states that the decision so

taken by the respondents, shall be communicated to the

petitioner.

3. In view of the above, present execution petition

is disposed at this stage as satisfied. As submitted by

learned Deputy Advocate General, the respondents may

take fresh decision and consider the case of the petitioner

in light of the judgment passed in Suraj Mani's case

(Supra), the subsequent decision rendered on the subject. It

shall be open for the petitioner to seek appropriate remedy

in accordance with law, if need so arises. Pending

applications, if any, also stand disposed of.

Jyotsna Rewal Dua

.

    May 4th, 2023                                  Judge





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