Extracted from the PDF above. The PDF is authoritative.
Dr. D.R. Bharwal and others vs. State of H.P and others
CMP-T No. 49 of 2025 in CWPOA No. 1184 of 2020
08.07.2025 Present: Mr. S.P. Chatterji, Advocate for the non-applicants/ petitioners.
Mr. Anup Rattan, Advocate General with Mr. Rajat Chauhan, Assistant Advocate General, for the applicants/respondents-State.
By way of this application, the State is seeking a clarification of the judgment passed by the Court in terms of the points, as have been highlighted in the application.
Learned Advocate General submits that though it is a matter of record that the judgment was assailed by the State unsuccessfully up to the Hon’ble Supreme Court of India but the Hon’ble Supreme Court was pleased to grant liberty to the State to seek necessary clarification from the Court itself. He further submits that the predicament of the Department is that in the course of implementing the judgment, the petitioners may end up loosing rather than gaining anything monetary.
Learned Counsel for the non-applicants, on the other hand, submits that the judgment is very-very clear as to what all the petitioners are entitled to and the State cannot be allowed to delay the implementation of the judgment on the grounds mentioned in the application, which otherwise also are not germane to the implementation of the judgment.
Be that as it may, having heard learned Advocate General as well as learned Counsel for the non-applicants and having
perused the judgment passed by the Court, this Court is of the considered view that no clarification, as called for, is required as the judgment in itself is clear as to what all has been granted to the petitioners by the Court. Accordingly, this application is closed.
At this stage, learned Advocate General submits that now further two months time for implementation of the judgment be granted. Ordered accordingly.
(Ajay Mohan Goel)
Judge
July 08, 2025
(narender)