1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC (T) No. 95 of 2008 Decided on 5.10.2010. Sudhir Kumar ….Petitioner Versus Subhash & another …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : None. For the respondents : Mr. R.B. Bisht, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral) The complaint is that the orders of the Tribunal dated 9.1.2006 and 23.3.2006 have not been implemented by the respondents. 2. In the reply at paragraphs 2, it is stated as follows: “The OA. (D) No. 73/04 has been filed by the applicant for his repatriation to the office of respondent No. 2 and not for promotion to the post of “B” Class Tehsildar candidate but as per the provisions contained in F.R.S.R. 13 (proviso (1) the lien of the applicant had been terminated on his permanent absorption on 23.03.2001 at his own request in the office of Himachal Pradesh Subordinate Services Selection Board, Hamirpur where he was serving on deputation basis, as such 2 he is not the member of the establishment of Respondent No. 2. Now his name is not figuring in the seniority list of feeder category for the post of “B” Class Tehsildar candidate.” 3. In that view of the matter, we do not find any contumacious conduct on the part of the respondents. Therefore, this COPC is dismissed without prejudice to liberty of the petitioner to pursue his grievances, if any, in appropriate proceedings. 4. The pending application(s), if any, stands disposed of. Dasti copy. (Justice Kurian Joseph), Chief Justice. October 5, 2010. (Justice Kuldip Singh) (HL) Judge.