STATE OF H.P. Vs. ROMA DEVI

JUDGEMENT

(1.) The present appeal arises out of the order passed by the learned Single Judge dtd. 9/12/2024 in CWP No.8810 of 2024 titled Roma Devi vs. State of H.P. and others whereby in lieu of the earlier order dtd. 28/8/2024 costs of Rs.5,000.00 were imposed on account of the fact that the consideration had been undertaken by the Director, Elementary Education, H.P. on 7/12/2024 but the benefit had not been granted since the judgment in CWPOA No.5536 of 2020 titled Sanjay Kumar vs. State of H.P. and others was pending before the Apex Court.

(2.) The learned Single Judge came to the conclusion that mere pendency of an appeal against the decision sought to be implemented would not be a justifiable ground as such not to implement the judgment and there ore imposed the costs by which the State is aggrieved.

(3.) Counsel for the respondent-employee, on the other hand submits that in similar circ mstances the benefit of the judgment in Sanjay Kumar's case (supra) had been granted by the department subject to the final outcome of the legal remedy as an SLP had been filed, in the cases of an order passed by t e Deputy Director, Elementary Education, Una and therefore he claimed parity as such and submitted that merely because he belongs to District Sirmaur, H.P., the State could not take a different stand.