G.Ramu v. The Project Director

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.6995 of 2019 ORDER:

When the matter is taken up for hearing, learned counsel for the petitioners submits that the respondents are not implementing the order dated 17.12.2013 passed by the Tribunal in O.A.No.8796 of 2013. Since the said order passed by the Tribunal attained finality, the respondents are bound to implement the said order. However, without assigning any reasons, the respondents are not implementing the said order. He drawn the attention of this Court to the order dated 25.10.2018 passed by a Division Bench of this Court in W.P.No.30605 of 2018 and contended that the Division Bench of this Court considered the similar issue and directed the respondents therein to implement the order passed by the Tribunal.

Therefore, the counsel submits that appropriate orders be passed in the writ petition directing the respondents to implement the order dated 17.12.2013 in O.A.No.8796 of 2013 within a reasonable period of time. The Special Government Pleader appearing for the respondents submits that the Tribunal passed the orders in the year 2013 and the present writ petition is filed in the year 2019. The petitioners have approached this Court after nearly six years from the date of passing of the order by the Tribunal. Therefore, the writ petition is not maintainable and the same is liable to be dismissed on the ground of delay and latches.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that the Division Bench of this Court in its orders in W.P.No.30605 of 2018 dated 25.10.2018, after considering the issue of delay, directed the respondents

therein to implement the order passed by the Tribunal. When the Division Bench of this Court, after considering the issue of delay, directed the respondents therein to implement the order passed by the Tribunal, this Court is of the considered view that this writ petition can be disposed of directing the respondents to implement the order dated 17.12.2013 passed by the Tribunal in O.A.No.8796 of 2013 within a period of three months from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J 10.01.2020 Prv