Himachal Pradesh High Court
Attar Singh And Others vs State Of Himachal Pradesh And Others on 18 September, 2020
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1 HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA COPCT No.493 of 2020 Decided on:18.09.2020 .
Attar Singh and others .............Petitioners Versus State of Himachal Pradesh and others ........Respondents _____________________________________________________________ Coram:
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1 For the petitioners : None for the petitioners.
For the respondents :
Mr. Raju Ram Rahi, Deputy Advocate General, through Video Conferencing.
_____________________________________________________________ Vivek Singh Thakur, Judge (Oral).
Present contempt petition has been filed by the petitioners for violation/disobedience of order dated 15.11.2017, passed by the erstwhile H.P. State Administrative Tribunal in T.A. No.4903 of 2015 titled Attar Singh and others versus State of Himachal Pradesh and others, whereby it was recorded that learned counsel for the petitioner, under instructions, had stated that applicant/petitioner has been regularized, however, due and admissible monetary benefits had not been released and it 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 23/09/2020 20:17:42 :::HCHP 2
was directed that due and admissible monetary benefits be released to the applicant within two months from the date of passing the said order.
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2. Petitioners have been regularized vide Office Order dated 24.05.2016 w.e.f. 14.09.2007 but on notional basis from that date till the actual date of joining of the service.
3. Vide memo dated 01.03.2018, sent from Divisional Forest Officer, Renukaji Forest Division, District Sirmour to the petitioners, it was informed to the petitioners that they were regularized w.e.f. 14.09.2007, i.e. the date of regularization of their colleague vide Office Order No.45/2016-17, dated 24.05.2016 and Office Order No.201/2016-17, dated 17.12.2016 and that monetary benefits were calculated and first installment thereof was released during year 2017-2018 and remaining two installments would be released during year 2019-2020 as per directions of the Government.
4. It is the case of petitioners that they are entitled for due and admissible allowances w.e.f. 14.09.2007, whereas in response to the contempt petition, it is contended on behalf of the respondents that petitioners are ::: Downloaded on - 23/09/2020 20:17:42 :::HCHP 3 entitled for due and admissible allowances only after the date of joining service and as the petitioners were not in service w.e.f. 2007 to 2012, they are not entitled for any .
due and allowances for the said period, therefore, benefit of salary for the said period has been granted to them on notional basis only.
5. The aforesaid issue does not appear to have been decided by the erstwhile Tribunal at the time of passing order dated 15.11.2017. Petitioners are claiming their right on the basis of this order and respondents are also justifying their action of compliance on the basis of the same order.
6. It would be appropriate for the parties to get this issue decided by the Competent Court in appropriate proceedings, including a petition in the High Court, as permissible under law, as the respondents, rightly or wrongly, have complied with the order and if anything still survives to be redressed, then petitioners have every right to agitate for the same in the Competent Court of Law by filing appropriate petition.
7. In view of the above, present contempt petition is closed and disposed of, with liberty to the petitioners to ::: Downloaded on - 23/09/2020 20:17:42 :::HCHP 4 file appropriate petition for redressal of their grievances including one being agitated in the present contempt petition.
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8. It is made clear that delay and laches shall not come in the way of the petitioners as they were bonafide contesting their claim in present contempt petition.
9. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Vivek Singh Thakur)
r Judge
September 18, 2020
(Yashwant)
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