V M Bhimwal And ORS v. Rajan Gupta And Others

COCP 1155/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 1155/2016 Date of decision:03.03.2017 VM Bhimwal and others ..............Petitioners v.

Sh.Rajan Gupta,Addl.Chief Secretary and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Anil Kumar Sharma,Advocate for the petitiones Mr.Pravindra Singh Chauhan,Advocate for respondents 2 and 3 Jaswant Singh,J.

Petitioners, retired employees of erstwhile Haryana State Electricity Board, filed CWP 14464/1992 challenging the seniority list prepared by respondents and order by which their objections thereto were rejected. The said writ petition was contested by respondents. The said writ petition was disposed of by this Court vide order dated 13.5.2015, operative part of which reads as under:- "In the circumstances this petition is partly allowed and it is directed that the seniority of the erstwhile Instrument Mechanics and Foreman would be redrawn on the basis of date of appointment of incumbents. It is unfortunate that this seniority dispute is being decided after almost two and a half decades when all/most of the affected persons have retired from service but this cannot take away the legal rights of the petitioners.

In the circumstances they would be entitled to all consequential benefits of the reworked seniority. It is made clear that if any person has been granted any further benefits out of this faulty seniority list no recovery be made from him. Officials respondents are directed to conduct the necessary exercise to work out the fresh Rajinder Parshad Joshi 2017.05.

COCP 1155/2016 seniority list (with all consequential benefits to be granted to the petitioners)within a period of six months from the date of receipt of a certified copy of this order. As mentioned above at the most now the petitioners would be entitled to some monetary benefits. It is made clear that if monetary benefits are not released within a further period of six months, the petitioners would be entitled to claim the same with interest at the rate of 8% p.a., w.e.f., the date/s the amount/s fell due till the date of payment."

Now instant contempt has been filed alleging disobedience of said order dated 13.5.2015.

Upon notice short reply by way of affidavit of Sh.SK Wadhwa, Chief Engineer,PTPS,HPGCL,Panipat, dated 6.12.2016 and final reply of Sh.AK Miglani,Administrative Officer/PTPS,HPGCL,Panipat dated nil has been filed. In the final reply dated nil, it is stated that against the order dated 13.5.2015 passed by this Court, firstly LPA and then SLP was preferred but both having been dismissed by this Court and Supreme Court respectively, now the order dated 13.5.2015 has been complied with vide order dated 10.2.2017 and compliance report dated 16.2.2017 submitted to this Court. Copies of order dated 10.2.2017 and compliance report dated 16.2.2017 have been annexed with the final reply.

In view of the final reply filed by respondents, it is apparent that the order dated 13.5.2015 passed by this Court stands complied with hence no further action in the instant contempt is warranted. Disposed of accordingly.

03.03.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.05.01 12:30 I attest to the accuracy and integrity of this document