CWP/883/2023
2023 Latest Caselaw 15501 HP

Ashwani Kumar and Anr. v. State of Himachal Pradesh and others

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CWP No. 883 of 2023

06.10.2023 Present: Mr. Vijay Kumar, Advocate, for the petitioners.

Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocates General, for the State.

Pursuant to order dated 21.8.2023, learned

Additional Advocate General has placed on record

communication dated 20.9.2023, issued under the signature of

Superintending Engineer, Jal Shakti Circle, Bilaspur, Himachal

Pradesh, to state that mandate contained in the judgment

stands duly complied with. He states that in terms of the

aforesaid judgment, case of the petitioners was duly considered

in light of Judgment rendered by this Court in CWP No 3047 of

2020, titled as Jagdish Kumar and Ors v. State of Himachal

Pradesh and Ors. and consequential benefits have been

restricted in terms of the instructions issued by the finance

department vide instructions dated 15.12.2021, which came to

be issued in terms of the judgment passed by the Hon'ble Apex

Court in Jai Dev Gupta v. State of Himachal Pradesh and

State of Madhya Pradesh and Ors v. Yogendra Shrivastva

and Union of India and ors. v. Tarsem Singh.

Having perused aforesaid communication, this

court finds that though case of the petitioners came to be

considered by the department in light of Jagdish Kumar supra

and after having found petitioners similarly situate to the case

of the Jagdish Kumar, benefit, as prayed for, though has been

granted, but on notional basis. Since in Jagdish Kumar supra

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petitioner therein was paid the actual benefits and no

restriction was put by the authority while ordering payment of

consequential benefits, petitioners also deserve to be granted

consequential benefits from the due date.

Otherwise also, repeatedly, it has been reminded to

the department that judgment passed in Jai Dev Gupta is

judgment inr rem and not in personam and as such,

instructions, if any, issued on the basis of same thereby

directing departments to restrict the arrears for three years are

not tenable at all.

Faced with aforesaid situation, learned Additional

Advocate General prays for and is granted two weeks' time to re-

consider the matter and file compliance affidavit. List on

20.10.2023.

Name of appearing learned AG be also reflected in

the cause-list henceforth.

    October 06, 2023                              (Sandeep Sharma),
    manjit                                              Judge