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High Court of Himachal Pradesh · body

2025 DAILYLAW 18295 (HP)

BALDEV RAM AND OTHERS v. MAHAVIR SINGH AND ANOTHER

COPCT/3/2025 · 2025-08-19

Jyotsna Rewal Dua

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA COPC (T) No.3 of 2025 Decided on: 19.08.2025 _________________________________________________________________ Baldev Ram & Ors ....Petitioners Versus Prof. Mahavir Singh and Anr. Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Pradeep K. Sharma, Advocate. For the respondents: Ms. Archna Dutt, Advocate. Jyotsna Rewal Dua, Judge CWPOA No. 4442 of 2019 (Yashwant Dev Bhardwaj and Ors Vs. Himachal Pradesh University and Ors) was decided on 07.09.2021, with the following operative directions:- “15. Consequently, in view of the aforesaid detailed discussion as well as law taken note herein above, this court finds merit in the present petition and as such, same is allowed and order dated 24.6.2011 is quashed and set-aside and respondents are directed to count the services of the petitioners rendered prior to their regularization for the purpose of seniority and other service benefits. Needful in terms of instant judgment 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - shall be done within six weeks, failing which respondents shall be further liable to pay interest @ 6% per annum. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.” LPA No.3 of 2022 (Himachal Pradesh University and Anr. Vs. Yashwant Dev Bhardwaj and Ors) instituted by the respondent-University against the aforesaid decision, was dismissed on 03.12.2024. SLP(C) No. 6286 of 2025 (Himachal Pradesh University & Anr Vs. Yashwant Dev Bhardwaj & Ors), instituted by the respondent-University against the above decision, was also dismissed by the Hon’ble Apex Court on 17.03.2025. 2. Alleging breach by the respondents of the directions issued in Yashwant Dev Bhardwaj (supra), this contempt petition was instituted on 25.06.2025. Notice of the contempt petition was issued on 01.07.2025. 3. Pursuant to the orders passed in this petition, respondents placed on record office order dated 07.08.2025 for counting the services of the petitioners, rendered by them prior to their regularization for the purpose of seniority and - 3 - other service benefits alongwith revised pay fixation orders. 4. During the course of today’s hearing, learned counsel for the respondents has placed on record office instructions dated 18.08.2025 (in the connected COPC No. 569 of 2025) from the Registrar of respondent-University. Relevant portion of which reads as under:- “Subject: Regarding instructions in COPC No. 569 of 2025 titled as Yashwant Dev Bhardwaj and another Vs Sat Prakash Bansal and another & COPC(T) No. 3 of 2025 titled as Baldev Ram & Ors Vs Prof. Mahavir Singh & Anr. Madam, In compliance of the orders dated 07.08.2025 passed in COPC No. 569 of 2025 titled as Yashwant Dev Bhardwaj and another Vs Sat Prakash Bansal and another & COPC(T) No. 3 of 2025 titled as Baldev Ram & Ors Vs Prof. Mahavir Singh & Anr, CWP(OA) 4442 of 2019 titled as Y.D. Bhardwaj & Ors Vs HP University and LPA No. 3 of 2022 titled as HP University Vs Y.D. Bhardwaj & Ors, the payment of arrears on account of preponement of promotion has been paid to the petitioners other than Late Sh. Subhash Chander Bansal vide RTGS/NEFT No. 110 dated 18.08.2025. Photocopy of the aforesaid payment order is annexed herewith as Annexure 'A'. The payment of arrears on account of preponement of promotions of Late Sh. Subhash Chander Bansal have been issued in favour of Smt. Saroj Bansal W/o Late Sh. Subhash Bansal vide above mentioned RTGS/NEFT No. 110 dated 18.08.2025 and payment in favour of others legal heirs will be released as soon as their Bank Account Numbers and photocopies of PAN numbers are received. In addition to above, the payment of Gratuity and commutation have also been issued in favour of petitioners vide office order No. 5-4/2024- HPU(Pension) & No. 1-114/90- HPU(Pension)-Vol-V dated 18.08.2025, which is annexed herewith as Annexure 'B' & 'C' respectively. - 4 - It is further informed that the P.P.O.(s) in respect of the petitioners have been issued separately, which are enclosed herewith at Annexure 'D' (Colly). However, the payment of arrears of pension shall be paid to the petitioners at the earliest.” Learned counsel for the respondent-University submits that payment of due and admissible arrears to the petitioners, in terms of above office instructions, have already been sanctioned and the same shall be credited in their respective bank accounts within a week. 5. Taking note of above submissions, present contempt proceedings are closed. Notices issued to the respondents are discharged. Learned counsel for the petitioners submits that petitioners have reservation to the compliance done by the respondents of the judgment. If that be so, it is for the petitioners to seek appropriate remedy for redressal of their grievances in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge August 19, 2025 R.Atal