IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. COPC No.28 of 2011 Decided on: April 20, 2011. Sunder Singh …….Petitioner. Versus D.K. Nayer and another …….Respondents. _________________________________________________________________ Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Mr.Haresh Sood, Advocate. For the respondents : Mr.R.K. Bawa, Advocate General, with Mr.Ankush Dass Sood, Addl. Advocate General & Mr.J.K. Verma, Dy.A.G. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Pursuant to our direction, dated 7.4.2011, Shri D.K. Nayar, Superintending Engineer, is present. A supplementary affidavit has also been filed. It is seen from the supplementary affidavit that the delay in passing the order, pursuant to the judgment of this Court, occurred only on account of the lapse on the part of the dealing Senior Assistant in putting up the file and that an inquiry has been conducted in that regard and the concerned official has been warned also. But the fact remains that pursuant to the said judgment, dated 30.12.2010, in CWP No.7387 of 2010, wherein it had been held that “In case no orders as above are passed within the said period, it shall be deemed that he is entitled to continue upto 60 years and he shall be re-engaged into service after the expiry of one month”, the petitioner had reported for duty on 7.2.2011 and despite that, the orders pursuant to the direction of this Court was passed only on 11.4.2011. 2 2. In view of the apology tendered by the respondent for the delay, the contempt notice is discharged. But as far as the petitioner is concerned, he is the beneficiary of the judgment referred to above. Therefore, he is entitled to his actual wages w.e.f. 7.2.2011 till 11.4.2011. The wages for the said period shall be disbursed to the petitioner within a period of one month from today. The respondents shall take steps to recover the amount from the officials, who caused the delay in passing the order. 3. The contempt petition stands disposed of accordingly. (Justice Kurian Joseph), Chief Justice April 20, 2011 (Justice V.K. Ahuja), (tilak/sds) Judge.