Himachal Pradesh High Court
Date Of Decision: 24.10.2024 vs Rakesh Kanwar & Another on 24 October, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:10203
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.639 of 2024
Date of Decision: 24.10.2024
_______________________________________________________
Jiwa Nand .......Petitioner
Versus
Rakesh Kanwar & another ... Respondents
______________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Mr. Rakesh Kumar Sharma, Advocate.
For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and
Mr. B.C.Verma, Additional Advocate
Generals, with Mr. Ravi Chauhan, Deputy
Advocate General.
_______________________________________________________
Sandeep Sharma, Judge(oral):
By way of instant contempt petition, prayer has been
made on behalf of the petitioner for initiation of contempt proceedings
against the respondents for their having intentionally and deliberately
disobeyed the mandate contained in judgment/order dated
27.09.2023 passed by this Court in CWP No.7273 of 2021, titled as
Jiwa Nand Sharma vs. State of Himachal Pradesh and another,
whereby this Court, while setting aside the order dated 26.11.2018
annexed with CWP No.4085 of 2010, directed the respondents to
grant benefit to the petitioner in terms of judgment dated 11.09.2023
passed by this Court in Jagdish Chand and others vs. State of
Whether the reporters of the local papers may be allowed to see the judgment?
2024:HHC:10203
Himachal Pradesh and another. Since despite repeated requests,
no action ever came to be taken at the behest of the respondents to
comply with the mandate contained in the judgment alleged to have
been violated, petitioner is compelled to approach this Court in the
instant proceedings.
2. However, before notice in the instant petition could be
issued to the respondents, Mr. Rajan Kahol, learned Additional
Advocate General, while placing on record communication dated
23.10.2024, issued under the signatures of Director Higher Education,
Himachal Pradesh, contends that mandate contained in the judgment
alleged to have been violated stands duly complied with.
3. Having perused the aforesaid communication as well as
other documents annexed therewith, which are taken on record, this
Court finds that in compliance to judgment alleged to have been
violated, services of the petitioner has been counted and benefits &
arrears accrued on account of pay fixation has already been
disbursed to the petitioner. Since petitioner has already been retired
after attaining the age of superannuation, his case for pension
revision has been sent to Accountant General, Himachal Pradesh,
Shimla vide letter dated 07.09.2024. Factum with regard to
compliance stands established with the placing on record
communication dated 9.9.2024, issued under the signatures of
2024:HHC:10203
Deputy Director of Elementary Education, Mandi, District Mandi,
Himachal Pradesh, whereby factum with regard to compliance came
to be apprised to Director Higher Education, Himachal Pradesh.
4. Consequently, in view of the above, nothing remains to
be adjudicated in the present proceedings and accordingly, same are
closed. Needless to say, office of Accountant General, Himachal
Pradesh is directed to take appropriate action on the communication
dated 7.9.2024 sent by State of Himachal Pradesh, thereby
requesting pension revision of the petitioner expeditiously, preferably
within a period of four weeks. Petitioner is at liberty to file appropriate
proceedings in appropriate Court of law, if he still remains aggrieved.
(Sandeep Sharma)
Judge
October 24, 2024
(shankar)
