KANTA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has filed the execution petition for executing judgment dated 23.5.2011 in CWP(T) No.13769 of 2008, her grievance is that judgment dated 23.5.2011 has not been implemented, a direction has been sought to the respondents to implement the judgment dated 23.5.2011 in letter and spirit.

(2.) THE respondent No.3 has filed an affidavit and has stated that the petitioner continued to work as Whole Time Contingent Paid employee in compliance to the order of the High Court. She was further promoted to the post of regular Class-IV Peon according to her seniority vide letter dated 21.3.2011. In CWP(T) No.13613 of 2008 and CWP(T) No. 13850 of 2008 decided on 13.11.2009 and 18.11.2009 respectively by the Division Bench, liberty was given to the respondents therein to do the needful in accordance with law. The petitioner was given opportunity of hearing vide notice dated 15.11.2011, she was heard. The petitioner accepted that she would not claim seniority over such Part Time Water Carriers, who joined the Department prior to her but left unpromoted The petitioner was apprised the decision vide order dated 16.12.2011. The petitioner has been rightly promoted as per seniority of Whole Time Contingent Paid and made regular Peon vide office order dated 21.3.2011. The petitioner is presently working in Govt. Senior Secondary School, Tanehar, District Mandi. It has been stated that the petitioner has been given due benefits and judgment dated 23.5.2011 has been complied after taking into consideration the judgment passed by the Division Bench in similar matters.

(3.) IT is thus clear that the order dated 13.4.2006 of demotion of the petitioner was quashed with all consequential benefits. No liberty was given to the respondents to proceed further in the matter. It is not the case of the respondents that judgment dated 23.5.2011 in CWP (T) NO. 13769 of 2008 was assailed by them in appeal. In other words, the judgment dated 23.5.2011 has attained finality. CWP (T) No. 13613 of 2008 and CWP (T) No. 13850 of 2008 decided by the Division Bench on 13.11.2009 and 18.11.2009 respectively were separate petitions. In those petitions also the order dated 13.4.2006 was quashed and set-aside but in those cases liberty was given to the respondents therein to proceed with the matter in accordance with law.