Himachal Pradesh High Court
Dr. Aishwarya Thakur & Others vs . State Of H.P. & on 10 May, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
Dr. Aishwarya Thakur & others Vs. State of H.P. &
.
another alongwith connected matter.
CWP No. 1393 of 2022 alongwith
CWP No. 2606 of 2022
CWP No. 1393 of 2022
10.5.2023 Present: Mr.Onkar Jairath, Advocate, for the petitioners.
Mr.Rakesh Dhaulta, Additional Advocate General,
for the respondents.
CWP No. 2606 of 2022
None for the petitioners.
Mr.Rakesh Dhaulta, Additional Advocate General,
for the respondents.
Main matter was decided on 17.11.2022, allowing the
petition with direction to respondents to offer appointment letters to
the petitioner within a period of two weeks from the date of receipt of
copy of order. After disposing of petition, matter was directed to be
listed for compliance on 30.12.2022.
On 30.12.2022, on request of learned Additional
Advocate General time was extended for filing compliance report
and matter was adjourned for 7.1.2023. Thereafter again on request
made on behalf of respondents, matter was adjourned for
10.1.2023, 11.1.2023, 12.1.2023, 3.2.2023, 28.2.2023, 6.3.2023,
10.3.2023, 15.3.2023, 6.4.2023 and 24.4.2023.
On 6.4.2023, learned Additional Advocate General had
submitted that State was going to file SLP against the order passed
by the Court and, therefore, for request made on behalf of
respondents, matter was adjourned for 24.4.2023, but was listed on
27.4.2023.
On 27.4.2023, on request of learned Additional
.
Advocate General matter was adjourned for today with direction that
in case of non-compliance, learned Additional Advocate General
shall disclose the particulars of concerned Secretary.
Today learned Additional Advocate General referring
judgment dated 31.5.2022 passed in CWP No. 3399 of 2022, has
contended that in similar situation claim of some other identical
persons was rejected by co-ordinate Division Bench and, therefore,
there are conflicting judgments on the issue.
In para 16 of the judgment dated 17.11.2022 passed in
present matter, judgment passed in CWP No. 3399 of 2022 has
been taken into consideration and distinguished. Therefore, plea
raised by learned Additional Advocate General is not only
misconceived, but also mis-leading.
At this stage, learned Additional Advocate General has
disclosed that as on date Ms.M.Sudha Devi is Secretary (Health) to
the Government of Himachal Pradesh. Simultaneously, request has
also been made to adjourn the matter in terms of order passed on
previous date, whereby matter was adjourned because it was
informed that State was going to file SLP against the judgment
passed in present case.
Judgment in present case was passed in November,
2022 and thereafter matter has been listed on various dates for
compliance. Till date judgment of the Court has not been complied
with. Unless judgment is stayed or set-aside by the Supreme Court,
respondents are bound to obey the same and duty bound to ensure
compliance in time bound manner. It is not a case where sufficient
time has not been given to the respondents to avail appropriate
.
remedy before implementing the order.
In aforesaid facts and circumstances, Secretary
(Health) to the Government of Himachal Pradesh is directed to file
her personal affidavit explaining the reason for non compliance of
order passed by the Court, on or before 27.5.2023, failing which
adverse order may follow. It is made clear that mere proposal for
SLP shall not be a valid reason for non implementation of order as
judgment, for compliance whereof matter has been listed, was
passed in November, 2022, i.e. about six months ago.
It is made clear that petitioners are also at liberty to
take appropriate steps for ensuring compliance of judgment as
available under law.
List for compliance on 31st May, 2023.
(Vivek Singh Thakur),
Judge.
(Sushil Kukreja)
Judge.
10th May, 2023
(Keshav)
.
