Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ex.Pet.(T) No. 174 of 2024
Decided on: 3rd January 2025 _________________________________________________________________ Aarti Chaudhary
....Petitioner
Versus State of H.P & & Ors.
…Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting? ____________________________________________________________
For the petitioner: Mr. Lokendar Paul Thakur, Advocate.
For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate General.
Mr. Neeraj Kumar, Special Secretary (Health) to the Govt. of Himachal Pradesh, present in person.
Jyotsna Rewal Dua, Judge
Following order was passed in the matter on 02.01.2025:-
“Judgment sought to be executed was rendered on
01.11.2022. In terms of the judgment, petitioner, though has been reengaged, however, benefits of seniority and continuity of service have not been given to her, hence, she has moved this Execution Petition.
1 Whether reporters of Local Papers may be allowed to see the judgment?
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2.
Learned counsel for the petitioner submits that petitioner’s future chances of promotion are also being marred by respondents’ inaction in implementing the
judgment in letter and spirit.
3. Notice of this execution petition was waived on
28.03.2024. We are now in January, 2025. The respondents have neither implemented the judgment nor even have bothered to file any reply/compliance affidavit.
4. Learned Additional Advocate has placed on record office instructions dated 01.01.2025 from the Special Secretary (Health) to the Government of Himachal Pradesh, as per which the matter “is being submitted to the Finance Department (Regulation) for their advice in the matter”.
The relief granted to the petitioner does not involve any financial implication. Be that as it may, the fact remains that the respondents have failed to implement the decision dated 01.11.2022, which was to be implemented forthwith.
5. Let respondent No.2 to remain present in the Court on 03.01.2025 to explain as to why the time bound decision has not been implemented in letter and spirit even after more than two years.
List on 03.01.2025.”
2.
Learned Additional Advocate General has placed on record a copy of order dated 03.01.2025, passed by respondent No.1, which inter-alia, states that “Dr.Aarti Chaudhary is hereby re-instated in service alongwith seniority, continuity in service without any back wages.”
3.
Taking note of above, present execution petition is disposed of as satisfied.
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Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua
Judge January 3, 2025 R.Atal