Sandeep Sharma, J. - (1.) Since respondents, despite repeated requests having been made by the petitioner, failed to comply with the judgment dated 24.9.2014, passed by learned Single Judge of this Court in CWP No.7140 of 2012, petitioner has approached this Court by way of Execution Petition under Rule 16 of H.P. High Court Original Side Writ Rules, 1997 read with Order 21 Rule 2 of the Code of Civil Procedure for execution of judgment, referred hereinabove.
(2.) The petitioner, while approaching this Court by way of writ petition (CWP No.7140 of 2012), had prayed for following reliefs:- "(a) That the respondents may very kindly be commanded to act in accordance with law and regularise the services of the petitioner w.e.f. 1.1.2000 or in the alternative w.e.f. 1.4.2000, with all consequential benefits of pay, seniority and fixation of pension. (b) That respondents may also very kindly be directed to pay arrears of pay to the petitioner till the age of 60 years as respondents have retired him from service at the age of 58 years. (c) That directions may be given to the respondents to calculate and pay the arrears with in terest @ 9% per annum. (d) That directions may be given to the respondents to submit the case of the petitioner for pension and then to release pension in accordance with law, to secure the ends of law and justice."
(3.) Learned Single Judge, on the basis of pleadings adduced on record by respective parties, came to the conclusion that, "Once the petitioner is held entitled to regularisation w.e.f. 1.1.2000, then the petitioner was entitled to continue in service till the age of 60 years as the petitioner is deemed to have been engaged prior to 2001 and his case is squarely covered by the policy of the State Government issued vide order dated 22.2.2010". Learned Single Judge, while giving aforesaid findings, also placed reliance upon the judgment rendered by a Coordinate Bench of this Court in CWP No.1837 of 2012, titled: Tara Chand vs. State of H.P. & Others, decided on 21.8.2014. Learned Single Judge vide judgment, referred hereinabove, allowed the writ petition preferred by the petitioner and directed the respondents as under:- "9. In light of the aforesaid discussion, the writ petition is allowed and the respondents are directed to regularise the services of the petitioner w.e.f. 1.1.2000 with all consequential benefits of pay, seniority and fixation of pension and since the petitioner has now crossed the age of superannuation i.e. 60 years, hence he shall be deemed to be in service and consequently, the respondents are directed to take all consequential action including disbursement of monetary benefits in accordance with law within a period of three months from the date of production of copy of this order.";