Himachal Pradesh High Court
Vijay Kaushal & Others vs . State Of H.P. & on 3 October, 2024
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Vijay Kaushal & others vs. State of H.P. &
another
Execution Petition (T) No.176 of 2023 a/w
Execution Petition (T) No.79 of 2024
03.10.2024 Present: Mr.Peeyush Mehta, Advocate, vice Mr.Onkar
Jairath, Advocate, for the petitioner in
Execution Petition (T) No.176 of 2023.
Mr.Dilip Sharma, Senior Advocate, alongwith
Mr.Manish Sharma, Advocate, for the
petitioner in Execution Petition (T) No.79 of
2024.
Mr.Ramakant Sharma, Additional Advocate
General, for the respondents-State.
Ex.P. (T) Nos.176 of 2023 & 79 of 2024
Compliance affidavit stands filed, whereby it
has been conveyed that matter has been taken with H.P.
Public Service Commission for convening Departmental
Promotion Committee (DPC) for the purpose of promotion of
the petitioners, if any, on the basis of revised seniority list
prepared in compliance of the judgment passed by the
Court. The seniority list, in Execution Petition (T) No.79 of
2024 was finalized on 10.09.2024 and in Execution Petition
(T) No.176 of 2023 it was finalized on 09.09.2024.
On 12.09.2024, matters were listed in the Court
and on that day, time to take consequential steps to
complete compliance of the judgment, was sought on
behalf of the respondents and accepting their prayer,
matters were adjourned for 01.10.2024 i.e. today.
The material placed on record reflects that in
Execution Petition (T) No.79 of 2024 nothing was done,
after finalization of the seniority list, till 30.09.2024 and
relevant communication in this matter appears to have
been sent to the H.P. Public Service Commission on
30.09.2024, whereas, in Execution Petition (T) No.176 of
2023, it is stated to have been sent on 18.09.2024.
As already recorded in the orders passed on
previous dates, especially on 30.07.2024 and 27.08.2024,
petitioners are agitating for redressal of their grievances
since the year 2016-2017. We are in 2024 and matters
stand adjudicated and decided finally by the Supreme Court
in December 2023. Since last 11 months conduct of the
respondents indicates that they are not keen to ensure
compliance of the orders passed by the Court in a time
bound manner, but they are trying to delay the matter on
one pretext or the other each and every time for
extraneous reasons.
In the aforesaid facts and circumstances, it is
directed that the respondents shall take up the matter with
H.P. Public Service Commission on priority basis to ensure
covening meetings of DPC at the earliest during the month
of October 2024.
Needless to say that Secretaries/Principal
Secretaries concerned i.e. Industries and Food and Civil
Supplies, shall ensure compliance of the order by making
personal efforts. They are directed to file personal
compliance affidavit/report on next date.
Failure in compliance shall invite adverse order
as already ordered on 30.07.2024.
List for consideration on 15.10.2024
(Vivek Singh Thakur)
Judge
(Ranjan Sharma)
Judge
October 3, 2024
(Purohit)
SUBHASH DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH,
OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA,
Phone=
3418061207364d8c002725dfc58ff116f678c3d39289db29b99
CHAND
2cce875905119, PostalCode=171001, S=Himachal Pradesh,
SERIALNUMBER=
5ce240fac0e1267843f29509683d09a9912af10edc4e6cd2ed5
d4a8c30134c1b, CN=SUBHASH CHAND DHIMAN
Reason: I am the author of this document
DHIMAN Location:
Date: 2024.10.04 12:48:08+05'30'
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