Himachal Pradesh High Court
Pushpa Thakur vs State Of H.P. & Others on 29 October, 2024
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ex. Pet. No.462 of 2023
Decided on: 29.10.2024
Pushpa Thakur ...Petitioner
Versus
State of H.P. & others ...Respondents
Coram
Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice
Hon'ble Mr. Justice Satyen Vaidya, Judge
Whether approved for reporting? No.
For the petitioner: Mr. Ajay Kumar Chauhan, Advocate.
For the respondents: Mr. Anup Rattan, Advocate General with
Mr. Rakesh Dhaulta, Mr.Pranay Pratap
Singh, Additional Advocate General,
Ms.Priyanka Chauhan & Mr. Sidharth
Jalta, Deputy Advocates General, for the
respondents-State.
Mr. Dhananjay Sharma, Advocate, for
respondent No.2.
Tarlok Singh Chauhan, Acting Chief Justice (Oral)
It was pursuant to CMP No.10369 of 2024 filed by the
petitioner that the Execution Petition No.462 of 2023 was revived.
The execution petition had earlier been disposed of by this Court
on 10th April, 2024, by passing the following orders:-
"The respondents have complied with the
judgment in question by passing consideration order
in favour of the petitioner. Accordingly, the instant execution
petition is disposed of, being fully satisfied.
2. However, it is expected that in view of the
decision taken vide order dated 27.09.2022, all the retiral
benefits shall be paid to the petitioner within a period of
eight weeks' from today and in case she is unnecessarily
compelled to approach the Court with yet another litigation
claiming retiral benefits or else, the petitioner shall be at
liberty to revive the instant execution petition."
2. Taking note of the aforesaid order, a Coordinate Bench
of this Court vide its order dated 11th July, 2024, passed the
following orders:
For the reasons stated in application, sufficient grounds
for revival of Execution Petition are made out and
accordingly, Execution Petition No. 462 of 2023 is directed
to be restored to its original status with original number.
Application is allowed and disposed of.
Execution Petition No. 462 of 2023
From the perusal of record, it appears that respondent
No.2 Secretary, State Social Welfare Board, Shimla has
passed a speaking order dated 27.9.2022 in favour of
petitioner Pushpa Thakur and matter was submitted to the
Director, Women and Child Development Department,
Government of Himachal Pradesh in September 2022 for
consideration and approval. Therefore, further decision was
to be taken by respondent No.1 being Additional Chief
Secretary of Social Justice and Empowerment to the
Government of Himachal Pradesh and is responsible for
any lapse in compliance of order vide order dated 1.9.2022.
In aforesaid circumstances, at this stage, notice is
confined only to respondent No.1.
Service of notice on behalf of respondent No.1 is waived
and accepted by Mr. Manoj Chauhan, learned Additional
Advocate General, who seeks time to verify the facts and to
file compliance affidavit/report.
Be filed, as prayed, within four weeks positively. List for
consideration on 22nd August, 2024."
3. It is only today that the respondents have placed on
record instructions dated 28th October, 2024, which go to indicate
that now the bills have been submitted to the Treasury to make
payment of Rs.6,54,019/- in the account of the petitioner/decree
holder. Why this amount was not paid within time despite orders
dated 10th April, 2024, is not forthcoming? Therefore, it is a fit
case where the respondents need to be burdened with costs.
4. Accordingly, the present petition is disposed of as
fully satisfied. However, the respondents are burdened with costs
of Rs.25,000/- to be paid by the official respondent No.1 or the
same shall be recovered from the erring officers(officials). An
inquiry to this effect is directed to be conducted by respondent
No.1 to fix the responsibility and the same shall be furnished to this
Court within a period of two months.
4. List for compliance on 31st December, 2024.
( Tarlok Singh Chauhan )
Acting Chief Justice
( Satyen Vaidya )
Judge
October 29, 2024
(vt)
