IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA COPC No.293 of 2010 Date of decision: 22.11.2010 ------------------------------------------------- Anup Sharma Petitioner Versus O.P. Sharma. Respondent Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr. Rupinder Singh, Advocate. For the respondent: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood and Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph,C.J.(Oral): The Director has filed an affidavit stating therein that in pursuance to the order passed by the Principal Secretary dated 28.7.2010, the petitioner has been promoted as Lecturer (Political Science) as per order dated 18.11.2010. According to the petitioner, as per order dated 18.11.2010 he has already been granted notional benefits in the post of Lecturer (School Cadre) with effect from 16.7.2008 and the petitioner is entitled to the actual benefits. This is a matter to be independently considered since according to the Director, he had only implemented the order passed by the Government. Another contention is that in any case, after the Government order dated July, 2010, the promotion 2 should not have been delayed till November and for that period the petitioner should certainly be entitled to the actual benefits. We find force in that submission. Once the Government has passed the order dated 28.7.2010, there should not have been delay particularly since the matter was delayed for many years. However, in view of the apology tendered through the learned Deputy Advocate General, the contempt notice is discharged with a direction that the petitioner shall be entitled to the actual monetary benefits with effect from 1.9.2010 in the post of Lecturer (School Cadre) Political Science. As far as the claims regarding actual benefits with effect from 16.7.2008, it is left open to the petitioner to pursue before the Government, since the Government has not considered that matter. The Government will pass appropriate orders in the matter within a period of four months on a production of the copy of this judgment alongwith an appropriate representation. 2. In view of the above, the COPC stands disposed of. Copy Dasti. (Justice Kurian Joseph) Chief Justice November 22, 2010 ( Justice V.K. Ahuja ), (SDS/BSS) Judge