Dharmi Devi vs The Principal Secretary (H&Fw) & Others on 16 March, 2015

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Himachal Pradesh High Court

Dharmi Devi vs The Principal Secretary (H&Fw) & Others on 16 March, 2015

Bench: Mansoor Ahmad Mir

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      CWP No. 8133 of 2010
                                      Decided on: 16.03.2015




                                                                .

    Dharmi Devi                                          ...Petitioner.





                                  Versus

    The Principal Secretary (H&FW) & others              ...Respondents.

    Coram





    The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
    Whether approved for reporting?

    For the petitioner:       Mr. Sat Prakash, proxy counsel.

    For the respondents:      Mr. Shrawan Dogra, Advocate General,
                              with Mr. Romesh Verma & Mr. M.A.
                              Khan, Additional Advocate Generals, for


                              respondents No. 1 to 3.


    Mansoor Ahmad Mir, Chief Justice            (Oral)

The writ petitioner had invoked the jurisdiction of District Consumer Disputes Redressal Forum, Sirmour at Nahan, in terms of Consumer Complaint No. 53 of 2005, remained on the Board of that Forum for at least four years, was disposed of vide order, dated 14 th May, 2009 (Annexure P-

10).

2. It is apt to reproduce para 2 of the said order (Annexure P-10) herein:

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"2. In view of this, the complaint is disposed of as amicably settled. As such, it is ordered that the OP No. 3 shall give .

part time employment to the complainant on contract basis under Rogi Kalyan Samiti w.e.f. 20.05.2009 and thereafter shall recommend her case to the Director, Health Services HP Shimla for considering her appointment in health department on compensate grounds as per feasibility. This offer has been given to complainant keeping in view the failure of her sterilization operation which was conducted by the OPs No. 4 to 6 during family planning scheme. The complaint is disposed of accordingly. The learned counsel for the parties have undertaken to collect the certified copy of this order r from the office, free of cost, as per rules. The file after due completion, be consigned to record room."

3. Respondents have failed to abide by the compromise and to comply with the directions, constraining the writ petitioner to file this writ petition, which is on the Board of this Court for the last five years.

4. In the given circumstances, I deem it proper to dispose of this writ petition, at this stage, with a direction to respondent No. 1 to examine the case of the writ petitioner in light of the order made by the District Consumer Disputes Redressal Forum, Sirmour at Nahan (Annexure P-10) and make a decision within six weeks.

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5. The writ petition is disposed of accordingly alongwith all pending applications, if any.


                                              (Mansoor Ahmad Mir)
                                                  Chief Justice
    March 16, 2015





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