DEV RAJ BHARDWAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) In this Execution Petition, it is stated by the petitioner that he was employed as Trained Graduate Teacher against the reserved vacancy reserved for Ex -Servicemen in the respondents Department after his retirement from Military Service. The benefits of his past Military Service were not granted to him as such he filed Original Application (D) No. 818/95 before this Tribunal which was allowed vide order/judgment dated September 26, 1997 (Annexure P -1) whereby the respondents were directed to re -draw the seniority list ! and to give benefit of the Military Service to the petitioner. It is further stated that case of the Applicant/petitioner for the grant of benefit in accordance with the judgment (Annexure -P -1) was forwarded by the Headmaster, Govt High School, Behin vide his letter dated March 31, 1998 (Annexure P -2) to the Director of Education, HP (respondent No.2). The petitioner vide his representation dated July 3, 1998 (Annexure P -3) again represented to respondent No.2, but nothing has been heard from the respondents, hence, this Execution Petition. 2.ln the reply filed by respondents, it is stated that in OA(D)818/95, the Tribunal vide judgment dated September 26, 1997 has held that. "The Full Bench of this Tribunal vide its order dated March 18, 1997 in O.A. No. 1045/91 re Hari Chand Rana Vs. State of Himachal Pradesh and Ors. Has categorically held that the benefits of the rules in question deserved to be extended to all Ex -Serviceman appointed against the reserved vacancies before or subsequent to the cut off date namely November 1, 1962. In that view of the matter and in the light of observations made by the Full Bench in this case, the application is allowed and the impugned order Annexure dated are quashed. The respondents are further directed to re -draw the seniority list and to give benefits of the Military Service". It is further stated that judgment passed the Full Bench of this Tribunal in the said O.A. No. 1045/91 has been assailed by the State of Himachal Pradesh in Honble Supreme Court by filing Special Leave Petition and the Honble Supreme Court has stayed the operation of said judgment dated March 18, 1997.

(3.) Be it stated that the further proceedings in this Execution Petition were suspended by this Tribunal vide order dated September 1, 1999 till the final disposal of S.L.P. filed in the Honble Apex Court.

(4.) Now the petitioner has filed M.A. No. 836/ 2006 suggesting therein the mode of execution of the order and prayed for the attachment of office Room No. 523 in H.P. Secretariat (including the furniture) and Vehicle No. HP -7B -0007 allotted to the Secretary, Education (respondent No. 1) till the implementation of the order dated September 26, 1997.