Himachal Pradesh High Court
Narender Kumar & Ors vs State Of H.P. & Ors on 8 November, 2023
Bench: Ranjan Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Execution Petition No.325 of 2023
Decided on: 08th November, 2023
_____________________________________________________
Narender Kumar & Ors. ....Petitioners
.
Versus
State of H.P. & Ors. ....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1
Whether approved for reporting?
For the petitioners
For the respondents
to:
:
Mr. R.K.Bawa, Senior Advocate with
Mr. H.R. Sidhu,Advocate.
Mr. Rajan Kahol, Additional Advocate
General.
______________________________________________________
Ranjan Sharma, Judge (Oral)
The petitioners are seeking the execution of the
judgment passed by this Court in CWP No.1449 of 2021, titled as
Narender Kumar & Ors. vs. State of Himachal Pradesh, decided
on 07.09.2022 (Annexure E-1), wherein this Court had observed as
under:-
"Learned counsel for the petitioner has submitted that the
subject matter of the instant petitioner is fully covered by a
judgment passed by the Division Bench of this Court in CWP
No.342 of 2021 along with connected matters, titled as
Yashwant Singh & Ors. vs. State of H.P. & others, decided
Whether reporters of Local Papers may be allowed to see the judgment? Yes
on 31st August, 2022. The factual position was not disputed on
behalf of the respondents.
2. It being so, respondent No.2 is directed to consider the
case of the petitioners in the light of judgment passed by
Division Bench if this court in CWP No. 342 of 2021 along with
connected matters and in case the petitioners are found
.
similarly situated ,they be allowed to the petitioners in CWP No.
342 of 2021 along with connected matters decided by judgment
dated 31st August 2022 . He is also directed to pass necessary
consideration order within six weeks from the date a copy of this
order is produced before him. Petition is accordingly disposed
of,so also ,the pending applications,if any."
2. This Court issued notice to the respondents on
05.10.2023 and thereafter the matter was taken up on 02.11.2023,
whereby this Court had passed the following order:-
"6. Perusal of the above communication reveals that once
the judgment in case of Yashwant Singh, CWP No.342 of
2021 stands implemented, then the reasons, for non-
implementation of judgment and denial of similar benefits, to the
petitioners, who are stated to be similarly placed, is prima facie,
an attempt overreach the judgment(s) passed by this Court in
case of Yashwant Singh and in case of the petitioners in
Narender Kumar's case (supra).
That being so, this Court is reluctantly adjourning the
matter, for three days only, so as to enable the respondents to
report compliance of the judgment under reference, in the
instant case. In case, compliance is not reported, on or before
8th November, 2023, then, the respondents shall appear in
person before this Court. List this case on 8th November, 2023."
3. The matter was listed today and Mr. Rajan Kahol,
learned Additional Advocate General has furnished instructions
dated 07.11.2023, enclosing the order passed by the Director of
Elementary Education on 07.11.2023. The instructions alongwith
order are taken on record.
4. A perusal of the instructions as well as order dated
.
07.11.2023, read as under:-
"In the matter of Ex. Pet. No.135/2023 in CWP No.1449/2021,
titled as Narender Kumar & ors. vs. State of H.P. & ors.
Sh. Narender Kumar & ors. have preferred this CWP
NO.1449 of 2021 to grant benefit of reularization to the
petitioners w.e.f. 01.04.2018 on the analogy of judgment passed
by the Hon'ble High Court of H.P. in CWP No.342 of 2021
alongwith connected matter titled as yashwant Sing & ors. vs.
State of H.P. & ors. decided on 31.08.2022.
The case was listed on 07.09.2023, when the same was
disposed of. The operating part of the order is as under:-
"2. It being so respondent No.2 is directed to consider
the case of the petitioners in the light judgement
r passed by Division Bench of this Court in CWP No.
342 of 2021 alongwith connected matters and in
case, the petitioners are found similarly situated,
they be allowed the same benefits as were allowed to
the petitioners in CWP No. 347 of 2021 alongwith
connected matter decided by the judgment dated 31"
August, 2022 He is also directed to pass necessary
consideration order within six weeks from the date a
copy of this order is produced before him."
That an Execution Petition No.325 of of 2023 has been
filed for non- implementation of the above order, which was
listed on 02.11.2023. The operative part of the order passed by
the HHC on this day is as under.
"6. Perusal of the above communication reveals that
once the judgment in case of Yashwara Singh, CWP
No.342 of 2021 stands implemented, then the
reasons, for non- implementation of judgement and
denial of similar benefits, to the petitioners, who are
stated to be similarly place, is prima-facie, an attempt
overreach the judgment(s) passed by this court in
case of Yashwant Singh and in case of the petitioners
in Narender Kumar's (supra)."
That the cases of the petitioners have been examined
and it has been found the the petitioners are similarly situated to
Sh. Yashwant Singh & others, and fully covered by the judgment
delivered by the Hon'ble High Court of HP in CWP No. 342 of
2021 alongwith connected matter, titled as Yashwant Singh &
.
ors vs State of HP & ors, decided on 31.08.2022, hence are
entitled for same benefits as have been allowed to the
petitioners in CWP No. 342 of 2021 alongwith connected matters
decided on 31.08.2022.
Therefore, in view of the facts and circumstances
narrated above a pursuance to the directions of the Hon'ble High
Court passed in the instant case on 07.09.2022 and in Ex. Pet.
No.325 of 2023 on 02.11.2023 and the approval conveyed in the
matter Govt, vide letter No.EDUA-EO05/4/2023-EDDO-A dated
07.11.2023, the Deputy Director of Elementary Education Shimla
and Solan are hereby directed to allow benefit of regularization
to the petitioners w.e.f 01.04.2018 on the analogy of judgment
delivered by the Hon'bl Court of H.P. in CWP No. 342 of 2021
alongwith connected matter, titled as Yashwant Singh & ors vs
State of H.P & ors, decided on 31.08.2022."
5. In view of the information furnished to this Court by way
of aforesaid instructions dated 07.11.2023, since the Director of
Elementary Education has directed the Deputy Director of
Elementary Education, Shimla and Solan, to allow benefit of
regularization to the petitioners w.e.f. 01.04.2018 on the analogy of
judgment delivered by this Court in CWP No.342 of 2021, titled as
Yashwant Singh & Ors. vs. State of H.P. & Ors., decided on
31.08.2022, this Court disposes of the present petition with direction
to the respondents, i.e. Deputy Director of Elementary Education,
Shimla and Solan to release the accruing benefits strictly in
accordance with law, within six weeks, positively and to report
compliance on 22.12.2023.
Pending miscellaneous application(s), if any, shall also
.
stand disposed of.
(Ranjan Sharma)
Judge
November 08, 2023
(reena)
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