Disposed

Ishwar Dutt Sharma v. State of Hp and Ors.

Himachal Pradesh HC7 Jul 2021EX.PT/64/2021

Case brief

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What is this about?

The court disposed of an execution petition concerning the implementation of a prior order regarding pension re-fixation. It found the judgment substantially complied with but reserved liberty for the petitioner to claim interest on the delayed payment.

What did the court decide?

The execution petition was disposed of without granting relief. Liberty reserved to file representation for interest on delayed payment.

Ishwar Dutt Sharma Vs State of Hp and Ors. — Execution and Attachment | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Ex. Petition No. 64 of 2021 Date of Decision:07.07.2021

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____________ ___________________________________________ Ishwar Dutt Sharma …….Petitioner Versus State of H.P. and others. … Respondents. _______________________________________________________ Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioners: Mr. L.N.Sharma, Advocate.

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For the Respondents :Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocate General for the respondents-State. ___________________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant execution petition filed under Rule 16(1) of the H.P.High Court Original Side Rules, 1997, prayer has been made on behalf of the petitioner to issue directions to the respondents to implement the order dated 6.4.2018 passed by the erstwhile Tribunal in O.A. No. 1570 of 2018 titled as

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Ishwar Dutt Sharma vs. State of H.P. and another,

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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whereby the erstwhile Tribunal having taken note of the fact that the case is squarely covered by the order dated 6^th April, 2018 passed by the erstwhile Tribunal in O.A.(M) No. 36 of 2017, disposed of the petition with the direction to the respondents to consider the claim of the petitioner in the light of the aforesaid judgment within a period of three months. Since no steps ever came to be taken on behalf of the respondent for implementation of the aforesaid judgement, petitioner has approached the Court in the instant proceedings.

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Having perused annexure E- i.e. office order dated 9.8.2018 issued by Engineer-in-Chief, HPPWD, Shimla, this Court find that the judgement stands already complied with. Engineer-in-Chief has already issued direction to the Superintending Engineer, Electrical HPPWD 1^st Circle Electrical, Shimla to re-fix the pay of the applicant w.e.f. 1.1.1996 and thereafter to initiate the process to give revised pension to the petitioner.

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3. Learned counsel representing the petitioner

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also states that though arrears on account of re-fixation of pension stand released in favour of the petitioner but no interest on account of delay in payment has been made.

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Consequently, in view of the aforesaid

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substantial compliance of the judgement, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of. However, liberty is reserved to the petitioner to file appropriate representation to the authority concerned, praying therein to pay interest on the delayed payment. On the receipt of aforesaid representation, if any, the authority concerned shall decide the same expeditiously, preferably within a period of four weeks. Liberty is reserved to the petitioner to approach this court again in case he still feels aggrieved by the order passed by the authority concerned.

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(tm )

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(Sandeep Sharma), Judge

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7^th July, 2021

Ishwar Dutt Sharma v. State of Hp and Ors.

Case brief

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Ishwar Dutt Sharma v. State of Hp and Ors.

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