Himachal Pradesh High Court
Dr. Seema vs . State Of H.P. And Others on 1 May, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Dr. Seema vs. State of H.P. and others CWP No. 5993 of 2023 . 01.05.2024 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv
Sharma, Advocate, for the petitioner.
Mr. Pushpender Jaswal, Additional Advocate General, for respondents-State.
Mr. Rangil Singh, Advocate for respondent No. 3.
This is a disposed of petition. The petition was disposed of by the Court on the basis of decision rendered in CWP No. 3481 of 2022, titled as Dr. Umesh Kumar vs. State of Himachal Pradesh and another, on 19.04.2023, with the observation that respondents were to consider and decide the case of the petitioner in light of the judgment passed in Umesh Kumar's case supra and in case, the petitioner was found to be similarly situated, then, she be extended same benefits.
It appears from the record that the judgment passed by the Court in Dr. Umesh Kumar's case (supra) was challenged by the State before the Hon'ble Supreme Court of India, however, the SLP preferred by the State was dismissed and accordingly, in terms of the final order passed by this Court, the respondents were to file compliance affidavit. However, today rather than filing a compliance affidavit, the Court is being apprised that as there is a contempt petition pending in the case of Dr. Umesh Kumar (supra), therefore, this petition be tagged alongwith said contempt petition.
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This Court fails to understand as to why the present proceedings which are disposed of proceedings, should be tagged with any contempt petition when the judgment passed in Umesh Kumar's case has attained finality and compliance affidavit is to be filed by the respondents as to whether the petitioner is similarly situated as Umesh Kumar and if yes, then the benefits conferred upon Dr. Umesh Kumar in terms of the judgment passed by the Court are to be conferred upon the petitioner.
Faced with this situation, as prayed for, learned Additional Advocate General is given a final opportunity to file a compliance affidavit and for this purpose, the case is ordered to be listed on 20.05.2024.
(Ajay Mohan Goel) Judge May 01, 2024 (narender) ::: Downloaded on - 01/05/2024 20:37:55 :::CIS