Naresh Kumar And Others vs Hrtc And Another on 24 December, 2019

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Himachal Pradesh High Court

Naresh Kumar And Others vs Hrtc And Another on 24 December, 2019

Bench: Sandeep Sharma

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Execution Petition No. 64 of 2019
                                                  Date of Decision: 24.12.2019
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    Naresh Kumar and others                                           ......Petitioners
                                          Versus
    HRTC and another                                               .....Respondents





    Coram
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting1?





    For the petitioners:          Mr. M.A. Khan, Senior Advocate with
                                  Ms. Hem Kanta Kaushal, Advocate.
    For the Respondents:          Mr. Vikas Rajput, Advocate.


    Sandeep Sharma, J. (Oral)

By way of present execution petition filed under Rule 16(1) of H.P. High Court Original Side Rules, 1997, prayer has been made on behalf of the petitioners for execution/implementation of order dated 20.03.2019 passed by erstwhile Himachal Pradesh Administrative Tribunal (hereinafter referred to as 'Tribunal') in O.A. No.1349 of 2018, titled as Sandeep Kumar and others Versus Himachal Pradesh Transport Corporation and another, whereby Tribunal below disposed of original application filed by the petitioners with a direction to respondents/ competent authority to deal with the respective cases of the applicants/ petitioners on completion of one year contractual service in light of memo. dated 04.01.2017 within three months from the date of 1 Whether reporters of the Local papers are allowed to see the judgment?

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production of certified copy. Since no action ever came to be taken at the behest of respondent/competent authority pursuant to directions .

contained in order dated 20.03.2019 passed by the Tribunal, petitioner has approached this Court in the instant proceedings.

2. Reply/affidavit filed on behalf of respondents reveals that vide order dated 21.12.2019, cases of the petitioners were considered and decided by respondent/competent authority. Vide the aforesaid order dated 21.12.2019, cases of petitioners for regularization of their services after completion of one year have duly been considered and rejected on merit.

3. In the aforesaid background, learned counsel representing petitioners seeks permission to withdraw the present petition with liberty to file appropriate proceedings in the appropriate Court of law.

4. Consequently, in view of the above, the present execution petition is dismissed as withdrawn with liberty reserved to the petitioners to lay challenge, if any, to order dated 21.12.2019 passed by respondent/competent authority in compliance of judgment sought to be implemented in the instant proceedings, if they are still aggrieved.

    24th December, 2019                        ( Sandeep Sharma ),
         (himalvi)                                   Judge.




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