Himachal Pradesh High Court

EX.PT/265/2021 of NIRMLA DEVI Vs STATE OF HP AND ORS on 31 December 2021

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 31st DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA EXECUTION PETITON (TRIBUNAL) No. 265 of 2021 Between: MS. NIRMLA DEVI WIFE OF MR. RAKESH KUMAR, R/O VILLAGE SURAH, POST OFFICE NANDI, TEHSIL CHACHYOT,DISTRICT MANDI, HIMACHAL

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

ON THE 31[st]DAY OF DECEMBER, 2021

BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA

EXECUTION PETITON (TRIBUNAL) No. 265 of 2021

Between:

MS. NIRMLA DEVI WIFE OF MR. RAKESH KUMAR, R/O VILLAGE SURAH, POST OFFICE NANDI, TEHSIL CHACHYOT,DISTRICT MANDI, HIMACHAL PRADESH, PRESENTLY, WORKING AS OT/SHASTRI IN GOVERNMENT SENIOR SECONDARY SCHOOL, GHAT, DISTRICT MANDI, H.P.

(BY SH. BALWANT SINGH THAKUR, ADVOCATE)

AND

1.STATE OF HIMACHAL PRADESH, THROUGH SECRETARY (EDUCATION), SHIMLA, HIMACHAL PRADESH.

….PETITIONER

2.THE DIRECTOR OF ELEMENTARY, SHIMLA-4, HIMACHAL PRADESH. 3.DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, MANDI, DISTRICT MANDI, H.P. 4.PRINCIPAL GOVERNMENT SENIOR SECONDARY SCHOOL, SAMEJ GHAT, DISTRICT MANDI, H.P. 5.SCHOOL MANAGEMENT COMMITTEE, GOVERNMENT SENIOR SECONDARY SCHOOL, GHAT THROUGH ITS PRESIDENT, DISTRICT MANDI, H.P.

(BY MR. NARENDER THAKUR AND MR. GAURAV SHARMA, DEPUTY ADVOCATE GENERALS)

….RESPONDENTS

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O R D E R

By way of instant Execution Petition, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/ execute the order dated 30.6.2017, passed by erstwhile H.P. State Administrative Tribunal in O.A No.3022 of 2017, whereby direction was issued to the respondent/competent authority to pay due and admissible grant-in-aid to the applicant within a period of one month from the date of production of certified copy of the order. Since needful never came to be done within time stipulated in the order, sought to be executed in the instant proceedings, petitioner was compelled to approach this Court in the instant proceedings.

2. Pursuant to the notices issued to the respondents, Mr. Narender Thakur, learned Deputy Advocate General has placed on record certificate issued by Principal, Government Senior Secondary School, Ghat, District Mandi, H.P., to demonstrate that arrear bill of Grand-in-Aid (SMC) of petitioner has been prepared online vide bill No.100035, dated 25.12.2021, amounting to Rs.1,78,650/- for the period 22-09-2012 to 30.4.2016 and has been submitted to the Treasury for payment to teacher concerned through NEFT or online. 3. In view of the aforesaid, this Court finds that order sought to be executed in the instant proceedings has been duly implemented and as such, nothing remains to be adjudicated in the present petition and accordingly same is closed. However, liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law qua the surviving grievances, if any.

31[st] December,2021

(shankar)

(Sandeep Sharma), Judge

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