Punam Devi and Others Vs Rakesh Kanwar and Another — Himachal Pradesh HC (2024) — LawSathi Research

Punam Devi and Others Vs Rakesh Kanwar and Another — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition closed in view of the compliance steps shown; respondents expected to implement the judgment dated 13.12.2023 in CWP No.9871 of 2023 within four weeks, failing which petitioners may seek appropriate remedy; pending applications disposed of.

Issue for consideration

Whether the respondents have complied with the directions issued in the judgment dated 13.12.2023 rendered in CWP No.9871 of 2023 (Punam Devi & Ors. vs. State of Himachal Pradesh & Ors.), and how this contempt petition should be disposed of in light of the compliance steps shown.

Court's answer

In view of the office instructions dated 10.06.2024 read with the internal office communication dated 31.05.2024, the contempt petition is closed, with the hope and trust that the respondents implement the judgment in question in letter and spirit.

Ratio / Principle

The respondents are to implement the judgment in question as expeditiously as possible and not later than four weeks; failing that, the petitioners are at liberty to seek appropriate remedy.

Key takeaways

Pending applications, if any, also stand disposed of.ratio¶23

Detailed headnote1 paragraphs

Contempt Petition (COPC No.184 of 2024, decided 11.06.2024) alleging non-compliance of directions issued in the judgment dated 13.12.2023 rendered in CWP No.9871 of 2023 (Punam Devi & Ors. vs. State of Himachal Pradesh & Ors.). During hearing, the Additional Advocate General placed on record office instructions dated 10.06.2024 with an internal office communication dated 31.05.2024, whereby further directions were issued to all Deputy Directors of Elementary Education to implement judgments relating to C&V category petitioners on the analogy of the judgment dated 2.05.2012 in CWP No.7602/2010 (Om Parkash vs. State of H.P. & Ors.); counsel for the petitioners expressed satisfaction with the compliance shown. Holding the compliance steps sufficient, the court closed the contempt petition, expressing hope and trust that the respondents implement the judgment in question in letter and spirit as expeditiously as possible and not later than four weeks, reserving to the petitioners liberty to seek appropriate remedy in default; pending applications, if any, disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

COPC No.184 of 2024 Date of decision: 11.06.2024 Punam Devi & Ors. ...Petitioners. Versus Rakesh Kanwar & Anr. ...Respondents.

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge .

Whether approved for reporting?¹

For the petitioners : Mr. Virbahadur Verma and Ms. Anu Minhas, Advocates. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Varun Chandel and Mr. L.N. Sharma, Additional Advocates General.

Jyotsna Rewal Dua, Judge

Notice. Mr. Varun Chandel, Additional Advocate

General, appears and waives service of notice on behalf of respondents.

With the consent of the learned counsel for the parties, the matter is heard at this stage.

The petitioners have alleged that non-compliance of directions issued in the judgment dated 13.12.2023

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes

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rendered in CWP No.9871 of 2023 (Punam Devi & Ors. vs. State of Himachal Pradesh & Ors.) .

During hearing of the case, learned Additional

Advocate General placed on record office instructions dated 10.06.2024, which inter alia read as under:-

“In this regard, it is submited that in compliance to the directions of Hon’ble High Court on dated 13.12.2023, further directions have been issued to all the Deputy Directors of Elementary Education being a cadre Controlling Authority of the said category vide letter No.EDN-H(E-III)B(6)1/CWP No.9871/ 2023 dated 31^st May, 2024 to implement all the judgments relating to C&V category petitioners on the analogy of the judgment passed on 2.05.2012 in CWP No.7602/2010 titled as Om Parkash vs. State of H.P. & Ors. Copy of letter dated 31-05-20254 is enclosed herewith.”

The internal office communication dated

31.05.2024 issued by the Director of Elementary Education to the Deputy Director of Elementary Education in respect of the case of the petitioners have also been enclosed with the instructions dated 10.06.2024. In view of above, learned

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Additional Advocate General assured that the judgment shall be implemented expeditiously. Learned counsel for the petitioners states that since the respondents have now decided to grant the benefits to the petitioners in terms of judgment in question, therefore, the petitioners are now satisfied with the aforesaid compliance.

In view of the above instructions dated 10.06.2024 along with internal office communication dated 31.05.2024, this contempt petition is closed with the hope and trust that respondents shall implement the judgment in question in the letter & spirit, as expeditiously as possible, and not later than four weeks from today. Petitioners are at liberty to seek appropriate remedy in case the respondents do not implement the judgment within the aforesaid period.

Pending applications, if any, also stand disposed

of.

11^th June, 2024 (Pardeep)

Jyotsna Rewal Dua Judge