Parvati Devi vs Abhishek Jain And Others
2023 Latest Caselaw 17530 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

COPC No.367 of 2023 Decided on: 4th November, 2023 _________________________________________________________________

.

        Parvati Devi                                                         ....Petitioner





                                       Versus





    Abhishek Jain and others                                              ...Respondents

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner:r Mr. Jagan Nath, Advocate.

For the respondents: Mr. Sidharth Jalta, Deputy Advocate

General for the respondents.

Jyotsna Rewal Dua, Judge

Heard learned counsel for the petitioner.

2. The petitioner alleges violation of judgment dated

01.04.2021, passed in CWP No. 4896 of 2015 (Parvati Devi

Vs. State of H.P. and others). Further prayer has been made

to direct the respondents to comply with the aforesaid

judgment in its letter and spirit within a time bound period

and release the salary/honourarium to the petitioner w.e.f.

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

01.01.2016 to 31.03.2021 alongwith interest @ 12 % per

annum.

2. The judgment dated 01.04.2021, passed in

.

CWP No.4896 of 2015 runs as under:-

"Learned Additional Advocate General states that

the Government Middle School Dhargaloo and Government Primary School, Dhargaloo, have a sanctioned strength of 79 students and, therefore, both petitioner and respondent No.5 can conveniently be

accommodated. His statement is taken on record.

2. Accordingly, the present petition is disposed of with a direction to the official respondents to accommodate both

petitioner and respondent No.5 in the aforesaid schools

and report compliance within four weeks from today.

3. It goes without saying that the time spent by both the aforesaid parties shall be counted towards seniority and other benefits, if any.

4. Pending application, if any, also stands disposed of.

5. For compliance, to come up on 29.04.2021."

3. There is no specific direction in the judgment to

pay the salary/honourarium to the petitioner w.e.f.

1.0.1.2016 to 31. 03.2021 alongwith interest @ 12% per

annum as is contended by learned counsel for the petitioner.

Rather, the documents appended alongwith this petition

reflect that the petitioner had instituted execution petition

No. 116 of 2023, seeking compliance of the aforesaid

judgment which was disposed of on 28.07.2023 with the

observations that the judgment in question stood complied

with inasmuch as the petitioner was performing the duties

.

of preparing mid day meal in Government middle School

Dhargaloo and was being paid honourarium. The order reads

as under:-

"Learned Law Officer has placed on record instructions dated 26.06.2023, which go to indicate that the judgment

in question has been complied with inasmuch as the petitioner is now performing the duties of preparing mid day meal in Governemnt Middle School Dhargaloo and is

being paid honourarium. Therefore, no further order is

required to be passed and the matter is closed."

In view of above, no case for contempt is made

out. The present petition is accordingly dismissed. However,

the petitioner shall be at liberty to seek appropriate remedy

for redressal of her grievance. The pending miscellaneous

application(s), if any, also stand disposed of.

Jyotsna Rewal Dua Judge November 4, 2023 R.Atal