Decided On : 05.08.2024 vs Sh. Srikant Baldi And Others
2024 Latest Caselaw 11081 HP

Himachal Pradesh High Court

Decided On : 05.08.2024 vs Sh. Srikant Baldi And Others on 5 August, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                                    2024:HHC:6464


             IN THE HIGH COURT OF HIMACHAL PRADESH AT
                                                            SHIMLA
                                                                                 COPCT No. 456 of 2020
                                                                                 Decided on : 05.08.2024




                                                                                              .
    Sushil Kumar





                                                                                                    ...Petitioner
                                                              Versus





    Sh. Srikant Baldi and others.
                                                                                              ...Respondents
    Coram

    Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    Whether approved for reporting?1
    For the petitioner

                                                   :
                                                       to     Ms. Sunita Sharma, Senior

                                                              Advocate, with Mr. Dhananjay,
                                                              Advocate.
    For the respondents :                                     Mr. Rupinder Singh Thakur,
                                                              Additional Advocate General.



    Ajay Mohan Goel, Judge (Oral)

This contempt petition has been filed by the

petitioner feeling aggrieved by the fact that the direction passed

by the Erstwhile Tribunal in OA No. 2616 of 2017, titled Sushil

Kumar Vs. State of H.P. & Ors., decided on 10.07.2017, in

terms whereof the Tribunal had directed the competent

Authority to decide representation filed by the petitioner to

consider his case for compassionate appointment, be decided 1Whether reporters of the local papers may be allowed to see the judgment?

2024:HHC:6464

not later than three months as from the date of the production

of the copy of the order of the Tribunal before the Authority

concerned.

.

2. Record demonstrates that the reply which was filed

to the contempt petition by the respondents, have with it an

order appended as Annexure P-5, dated 27.06.2018, in terms

whereof the case of the petitioner was rejected, inter alia, on

the ground that the Department had approached the

Government r to convey approval for employment on

compassionate ground in favour of the applicant and the matter

was under consideration with the Finance Department of the

State Government and till date needful was not done by the

Department, the respondent-Department was not in a position

to offer appointment on compassionate grounds.

3. This Court is of the considered view that in the light

of the said order having been passed, the direction passed by

the Tribunal stood complied with and better course open for the

petitioner would have been to either assail this order by way of

a writ petition or approach the Court by way of writ petition on

account of the inaction on the part of the Department pursuant

2024:HHC:6464

to the matter having been taken up with the Government by the

respondent-Department.

4. Accordingly, as this Court does not finds any willful

.

disobedience of the directions passed by the Erstwhile Tribunal,

these proceedings are closed but with liberty to the petitioner

that if the petitioner, if so advised, he may approach the

appropriate forum including this Court for the redressal of his

grievance, in the light of the fact that learned Senior Counsel

appearing of the petitioner has submitted that as per her

instructions, necessary approval has still not been granted by

the Government of the Finance Department to the respondent-

Department. Notice discharged. Pending miscellaneous

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

(Ajay Mohan Goel) Judge

August 05, 2024 (Shivank Thakur)