Devi Parkash Vs the Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

Devi Parkash Vs the Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to ensure that the arrears of enhanced DA/IR are released expeditiously, preferably within four weeks; failing which, liberty to the petitioner to seek revival of the execution proceedings for appropriate action in accordance with law.

Issue for consideration

Whether the mandate contained in the judgment sought to be executed stands duly complied with by the respondents, such that nothing remains to be adjudicated in the execution petition.

Court's answer

On perusal of the respondents' communication dated 07.11.2025 (taken on record), the Court found merit in the contention that the mandate of the judgment sought to be executed — payment of enhanced DA and IR from due date — stands complied with, directions already having been issued to the concerned branch to release the arrears.

Ratio / Principle

Since nothing remained to be adjudicated, the execution petition was disposed of with a direction to the respondents to ensure that arrears of DA/IR are released expeditiously, preferably within four weeks, failing which the petitioner would be at liberty to get the proceedings revived so that appropriate action in accordance with law is taken towards implementation of the judgment/order sought to be executed.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla — Execution Petition No.2187 of 2025 — Devi Parkash v. HRTC & Anr. — Decided 10.11.2025 by Sandeep Sharma, J. (oral). Execution of a judgment mandating payment of enhanced DA and IR from due date (per instructions dated 07.01.2012 and 31.07.2024): on respondents' communication dated 07.11.2025 (Executive Director, HRTC, Shimla) recording that the mandate of the judgment sought to be executed stands duly complied with and that directions had been issued to the concerned branch to release the arrears, the Court held nothing remained to be adjudicated and disposed of the execution petition, directing release of arrears expeditiously, preferably within four weeks, failing which the petitioner was granted liberty to have the proceedings revived for appropriate action in accordance with law towards implementation of the judgment/order. No monetary quantum stated; no statute or precedent cited.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Execution Petition No.2187 of 2025 Date of Decision: 10.11.2025

_______________________________________________________ Devi Parkash …….Petitioner Versus HRTC & Anr. … Respondents _______________________________________________________ Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?¹

For the Petitioner: Ms. Dhanvanti & Ms. Anuja Mehta, proxy counsel. For the Respondents : Mr. Shekhar Badola, proxy counsel. _______________________________________________________ Sandeep Sharma, Judge (oral):

While placing on record communication dated 07.11.2025, issued under the signatures of Executive Director, HRTC, Shimla, learned proxy counsel for the respondents states that mandate contained in the judgment, sought to be executed, stands duly complied with.

2. Having carefully perused afore communication, which is taken on record vis-a-vis judgment, sought to be executed, this Court finds merit in the contention of learned proxy counsel representing the respondents. In terms of mandate contained in the judgment, sought to be executed, enhanced DA and IR from due date has been decided to be paid to the petitioner and in that regard, direction already stands issued to the concerned branch to release the arrears part of the due

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

2

and admissible DR/IR, as per instructions dated 07.01.2012 and 31.07.2024.

3. In view of the above, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a

direction to the respondents to ensure that arrears are released expeditiously, preferably within four weeks from today, failing which, petitioner would be at liberty to get the present proceedings revived,

so that appropriate action, in accordance with law, is taken towards implementation of the judgment/ order, sought to be executed in the instant proceedings.

(Sandeep Sharma), Judge

November 10, 2025 (sunil)