Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.32 of 2025
Date of Decision: 25.2.2025 _____________________________________________________________________ Joginder Singh ……...Petitioner Versus Rohan Chand Thakur
…....Respondent
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ashok Kumar, Advocate. For the Respondent: Mr. Dheeraj K. Vashishat, Advocate. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of present contempt petition, prayer has been made by the petitioner for initiation of contempt proceedings against the respondent for his having willfully and intentionally disobeyed the mandate contained in order/judgment dated 24.5.2024, rendered by a coordinate Bench of this Court in CWP No.4530 of 2024 titled Joginder Singh v. HRTC and Anr. (alongwith connected matters), whereby a direction came to be issued to the respondent to pay amount of remaining retiral benefits to the petitioner with actual rate of interest as per applicable rules till the time of actual payment. While passing aforesaid order, coordinate Bench of this Court also ordered that due amount on account of delay beyond six months shall
2 be paid with interest @9% per annum till the date of its actual payment. Since despite repeated representations, no steps were taken at the behest of the respondents to comply with the mandate contained in the judgment alleged to have been violated, petitioner is compelled to approach this Court in the instant proceedings. 2. While putting in appearance on behalf of the respondent, Mr. Dheeraj K. Vashishat, Advocate, states that the amount admissible as per judgment alleged to have been violated already stands released and now only interest on account of delay in payment is to be paid, which in any eventuality, shall be paid within one week. 3. While fairly acknowledging the factum with regard to receipt of principal amount, Mr. Ashok Kumar, learned counsel for the petitioner states that in case amount of interest on account of delay in payment is paid within one week, as stated by the learned counsel for the respondent, he shall have no objection in disposing of the present petition at this stage. 4.
Since principal amount already stands released and undertaking has been given to pay the interest on account of delay within one week, there appears to be no justification for this Court to keep the present petition alive and accordingly, same is disposed of with direction to the respondents to ensure that interest on account of delay in payment in
3 terms of judgment alleged to have been violated is paid within one week, failing which he would aggravate the contempt and petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken against the erring officials. February 25, 2025
(Sandeep Sharma), (manjit)
Judge