Himachal Pradesh High Court
Date Of Decision: 23.10.2024 vs Mr. Rohan Chand Thakur on 23 October, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:10171
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No. 632 of 2024
Date of Decision: 23.10.2024
_____________________________________________________________________
Mr. Bisham Dutt
.........Petitioner
Versus
Mr. Rohan Chand Thakur
.......Respondent
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Balwant Singh Thakur, Advocate.
For the Respondent: Mr. Raman Jamlta, 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 12.1.2024, rendered in
CWP No. 470 of 2024, whereby a direction came to be issued to the
aforesaid respondent to regularize the service of the petitioner after
completion of one year contractual service after initial appointment
alongwith all consequential benefits from due date. Since despite repeated
2 2024:HHC:10171
requests, aforesaid direction never came to be complied with, petitioner is
compelled to approach this Court in the instant proceedings.
2. Before notice in the instant proceedings could be issued to the
respondent. Mr. Raman Jamalta, learned counsel for the respondent made
available communication dated 22.10.2024, issued under the signature of
Regional Manager, HRTC, Parwanoo, perusal whereof reveals that service of
the petitioner has been regularized from the due date, but steps are being
taken to calculate the benefits, which shall be released positively within five
months.
3. Having taken note of the aforesaid communication, which is
taken on record, this Court finds that pursuant to directions contained in
the judgment alleged to have been violated, services of the petitioner have
been regularized from the due date. 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 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,
3 2024:HHC:10171
till its payment. Liberty is reserved to the petitioner to file appropriate
proceedings before the appropriate court of law, if he still remains
aggrieved.
October 23, 2024 (Sandeep Sharma),
(manjit) Judge
VIKRANT HIMACHAL PRADESH, OU=
JUDICIARY, Phone=
5d2f851af76d452c04fe80af0eb04901b
accf523a962b5b328d35fb9075dbbb0,
CHANDE PostalCode=171001, S=Himachal
Pradesh, SERIALNUMBER=
b9ba41101dabcec1188a4f694ff769b3
4ac01c5f3677265199bb13a3810dec1
L 7, CN=VIKRANT CHANDEL
Reason: I am approving this document
Location:
Date: 2024.10.24 10:10:56+05'30'
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