Amar Singh Vs Rohan Chand Thakur — Himachal Pradesh HC (2024) — LawSathi Research

Amar Singh Vs Rohan Chand Thakur — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceedings closed; notice issued to the respondent discharged; petitioner reserved liberty to file appropriate proceedings for enforcement of the judgment in Nar Singh & Ors vs. Himachal Pradesh Transport Corporation & Anr. (CWP No.274 of 2024); pending miscellaneous application(s), if any, disposed of.

Issue for consideration

Whether the respondent had complied with the directions issued in Nar Singh & Ors vs. Himachal Pradesh Transport Corporation & Anr. (CWP No.274 of 2024), namely re-fixation of the petitioner's pay and regularization of service. +1 more

Ratio / Principle

In view of the respondent's submission, supported by office order dated 28.09.2024, that the petitioner's pay had been re-fixed and his service regularized in terms of the directions in Nar Singh (CWP No.274 of 2024) with interest @6% per annum payable on the amount due from the cut-off date, and on the petitioner's counsel seeking closure, the Court granted the requested liberty and closed the contempt proceedings, discharging the notice issued to the respondent.

Key takeaways

Liberty stands reserved to the petitioner to file appropriate proceedings for enforcement of the judgment in Nar Singh & Ors vs. Himachal Pradesh Transport Corporation & Anr. (CWP No.274 of 2024).ratio¶13
Pending miscellaneous application(s), if any, stand disposed of.ratio¶15

Detailed headnote1 paragraphs

COPC No.463 of 2024 (High Court of Himachal Pradesh, Shimla, decided 11.12.2024, Jyotsna Rewal Dua, J.) — Contempt proceedings concerning compliance with the directions in Nar Singh & Ors vs. Himachal Pradesh Transport Corporation & Anr., CWP No.274 of 2024, decided on 11.01.2024. Respondent's counsel placed on record office order dated 28.09.2024 stating that the petitioner's pay had been re-fixed and his service regularized in terms of those directions, and submitted that the respondent is bound to pay interest @6% per annum on the amount due from the cut-off date. On the petitioner's counsel seeking closure, the Court granted liberty to the petitioner to file appropriate proceedings for enforcement of the judgment, closed the contempt proceedings, discharged the notice to the respondent, and disposed of pending miscellaneous application(s), if any.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

COPC No.463 of 2024 Date of decision: 11.12.2024

Amar Singh.	...Petitioner.
Versus
Rohan Chand Thakur.	...Respondent.
Coram:

Ms. Justice Jyotsna Rewal Dua, Judge .

Whether approved for reporting?

For the petitioner	: Ms. Anchal vice Ms. Advocate.	Sharma, Advocate, Nargis Thakur,
For the respondents	: Ms. Ashima	Premy, Advocate,
	vice Mr.	Raman Jamalta,
	Advocate.

Jyotsna Rewal Dua, Judge

Learned counsel for the respondent has placed on record a copy of office order dated 28.09.2024 and on that basis submits that in terms of the directions issued in Nar Singh & Ors vs. Himachal Pradesh Transport Corporation & Anr.¹ , pay of the petitioner has been re-fixed and his service has been regularized in accordance with the directions issued in the judgment. He further submits that the respondent is bound to comply with the judgment by paying interest on the amount due to the petitioner @6% per

1CWP No.274 of 2024 decided on 11.01.2024.

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

-2-

annum from the cut-off date as has already been held in the judgment.

In view of above, learned counsel for the petitioner submits that these proceedings be closed, however, petitioner be reserved liberty to file appropriate proceedings for enforcement of the aforesaid judgment. Granting such liberty, the contempt proceedings are closed. Notice issued to the respondent is discharged.

Pending miscellaneous application(s), if any, also

to stand disposed of.

11^th December, 2024 (Pardeep)

Jyotsna Rewal Dua Judge