Date Of Decision: 14.11.2024 vs Rohan Chand Thakur
2024 Latest Caselaw 17350 HP

Himachal Pradesh High Court

Date Of Decision: 14.11.2024 vs Rohan Chand Thakur on 14 November, 2024

Author: Sandeep Sharma

Bench: Sandeep Sharma

                                                              2024:HHC:11437




IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                               COPC No.676 of 2024
                                       Date of Decision: 14.11.2024
_____________________________________________________________________
Narender Banjtu
                                                        .........Petitioner
                                       Versus
Rohan Chand Thakur
                                                        .......Respondent
Coram

Hon'ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

For the Petitioner:       Mr. Balwant Singh Thakur and Ms. Anchal
                          Sharma, Advocates.

For the respondents: Mr. Raman Jamalta, Advocate.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)

By way of present contempt petition, prayer has been

made by the learned counsel for the petitioner for initiation of

contempt proceedings against the respondent for his having willfully

and intentionally disobeyed the directions contained in

order/judgment dated 12.01.2024, rendered by the Coordinate Bench

of this court in CWP No. 524 of 2024, whereby petitioner was held

entitled for regularization from the date of completion of one year

contractual service after his respective initial appointment with all

consequential benefits from the due date. Coordinate Bench of this

Court further ordered that the consequential benefits shall be

extended to the petitioner within one month, arrears whereof shall be

paid on or before 30.6.2024, failing which respondent-complainant

would be liable to pay 6% interest per annum. Since despite there

being aforesaid order and repeated requests, aforesaid direction never

came to be complied with, petitioner is compelled to approach this

Court in the instant proceedings.

2. Mr. Raman Jamalta, learned counsel appearing on behalf

of the respondent, submits that though he has every reason to

presume that by now, judgment alleged to have been violated must

have been complied with in its totality, but if not, same would be

positively complied with within a period of five months from today.

3. Consequently, in view of the fair stand adopted by the

learned counsel for the respondent, this Court sees no reason to keep

the present petition alive and accordingly, same is closed. Since it has

been already ordered in the judgment alleged to have been violated

that in case consequential benefits are not paid within the stipulated

time, respondent-corporation shall be liable to pay the interest @ 6%

per annum, no prejudice shall be otherwise caused to the respondent

at this stage, especially when undertaking has been given to this

Court that in any eventuality, consequential benefits shall be cleared

within five months. Needless to say, petitioner shall be entitled for

interest @ 6% on the arrears w.e.f. 1.7.2024, till its payment. Liberty is

reserved to the petitioner to get the present petition revived, in case

the respondent fails to comply with directions contained in this order,

so appropriate action is taken against the erring officials.

November 14, 2024                               (Sandeep Sharma),
      (Sunil)                                         Judge