Himachal Pradesh High Court
The State Of H.P And Others vs Rakesh Kumar on 22 February, 2021
Bench: Sureshwar Thakur, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No. 463 of 2021
.
Decided on : 22.2.2021
The State of H.P and others Petitioners.
Versus
Rakesh Kumar Respondent.
Coram:
Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1
For the petitioners:
For the respondents:
r to Mr. Ashwani Sharma, Addl.A.G.
Nemo.
(Through video conferencing).
Sureshwar Thakur, Judge (oral)
The operative part of the order made by the erstwhile Himachal Pradesh Administrative Tribunal, on 29.8.2018, upon, O.A No. 5180 of 2018, is reproduced hereinafter, and, a perusal thereof discloses that it is merely an order directing the respondents therein, to, consider the writ espousals, of, the respondent.
"6. In view of the above, the original application is disposed of in terms of the aforementioned order/judgment with a direction to the respondents/competent authority that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of the said order/judgment, if the same have attained finality/implemented shall also be extended to him alongwith consequential benefits, if any, as 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 23/02/2021 20:15:06 :::HCHP
...2...
per law, within three months from the date of production of certified copy of this order before the said authority by the .
applicant."
2. The afore signification carried by the operative part, of, the order made by the erstwhile Tribunal, does not render it to acquire any tinge or overtone, of it being a peremptory mandate, upon, the petitioners, to, confer the espoused benefits to respondent.
Hence, the petitioner/employer concerned is directed to pass an order, considering, in accordance with law, the claim of the respondent. The afore order be made within four weeks from today.
It is reiteratedly clarified that the order made by the employer shall be made in consonance with law. Any order made by the employer concerned shall be assailable before the appropriate Court of law.
3. In view of the above the present petition stands disposed of alongwith all pending applications.
( Sureshwar Thakur), Judge.
22nd February, 2021 ( Chander Bhusan Barowalia ),
(priti) Judge.
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