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High Court of Himachal Pradesh · body

2025 DAILYLAW 14378 (HP)

Sanjeev Kumar v. HRTC AND ANOTHER

EX.P./442/2025 · 2025-05-22

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No.442 of 2025 Date of Decision: 22.05.2025 _____________________________________________________________________ Sanjeev Kumar ……...Petitioner Versus HRTC and Another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vikas Rajput, Advocate. For the Respondents: Mr. Dheeraj K. Vashista, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant execution petition, prayer has been made on behalf of the petitioner for execution and implementation of judgment dated 10.03.2025, passed by this Court in CWP No.2719 of 2024, titled Dhian Singh and Others Vs. Managing Director, HRTC and Others, whereby this Court passed the following order: “4. Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation dated 06.12.2023 (Annexure P-8) of the petitioners expeditiously, preferably within a period of eight weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon taking note of the judgment rendered by Division Bench of this Court in Vikram Singh’s case (supra), wherein issue otherwise sought to be decided in the instant proceedings already stands adjudicated. Liberty is reserved to the petitioners to file appropriate proceedings in appropriate court of law, if they still remain aggrieved. Pending applications, if any, also stand disposed of.” 2 2. Since no action, whatsoever, came to be taken at the behest of the respondents, pursuant to aforesaid direction, petitioner has approached this Court in the instant proceedings. 3. Before notices, if any, could be issued to the respondents, Mr. Dheeraj K. Vashista, Advocate, while putting in appearance on behalf of respondents, states that respondents after having considered the case of the petitioner in light of judgment dated 09.11.2023, passed by Division Bench of this Court in CWPOA No.2343 of 2020, titled as Vikram Singh Vs. HRTC, has already refixed the pay of the petitioner. He states that arrears on account of refixation shall be paid at the earliest. 4. Having taken not of substantial compliance of the judgment, sought to be executed, whereby pay of the petitioner has been refixed, coupled with the fact that assurance has been given to pay the arrears expeditiously, this Court sees no reason to keep the present petition alive and accordingly the same is disposed of, with the direction to respondents that arrears on account of refixation, if not already paid, shall be paid within a period of eight weeks, failing which, petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken towards the implementation of the judgment, sought to be executed. May 22, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge