In the pending writ petition regarding an adjudicated but unpaid claim, the Single Bench directed the Chief Secretary to examine the matter within four weeks to decide the appropriate action regarding financial assistance to the Council or the State.
Direction to the Chief Secretary to examine the matter of financial assistance within four weeks.
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Ex. Petition No.115 of 2017 in CWP No.890 of 2011
01.08.2018 Present: Mr. Ajay Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Ajay Vaidya, Sr. Addl. AG, Mr. J.K. Verma, Mr. Ranjan Sharma, Ms. Ritta Goswami, Mr. Adarsh Sharma and Mr. Nand Lal Thakur, Addl. AGs, for the respondent No.1/State.
Mr. Dalip Kumar Sharma, Advocate, for respondent No.2.
Mr. Rajesh K. Sharma, ASGI, for respondent No.3/Union of India.
None for respondent No.4.
It is a matter of record that the judgment dated 08.05.2015, passed by learned Single Judge of this Court, in CWP No.890 of 2011, titled Kamlesh Kumari vs. State of H.P. & Ors., has attained finality. The H.P. State Council for Child Welfare, respondent No.2, stands directed to pay the ascertained amount, after adjudication of the writ petition, which the Council has yet not paid, for the reason that the matter is pending with the State Government and of its own, they are in no position to pay the amount.
On the other hand, the State Government, as we are informed, has taken a view that the State is
not obliged to render any assistance, financial in nature, to the Council. But the fact of the matter is that claim of the writ petitioner stands adjudicated and as on date is binding on the Council. We are informed, with respect to similarly situated employees, who are 90 in numbers, the State Government has already rendered all assistance to the Council for such purpose.
Under these circumstances, we are of the considered view that before we pass any further order, either against the Council or the State, it would be only appropriate that the Chief Secretary to the Government of Himachal Pradesh, himself has the matter examined and take appropriate action.
Needful be done within four weeks.
List on 30th August, 2018 .
(Sanjay Karol) Acting Chief Justice
(Sandeep Sharma) August 01, 2018 (YSC/Manjit) Judge
1 issue framed by the court
Whether the State Government or the State Council for Child Welfare is liable to pay the adjudicated amount to the petitioner and similarly situated employees.
Kamlesh Kumari
State of Himachal Pradesh
H.P. State Council for Child Welfare
Union of India
Respondent No.4
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
