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2025 DAILYLAW 10128 (HP)

CHANDER KALA v. STATE OF HP AND ANOTHER

CWP/4438/2025 · 2025-03-27

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4438 of 2025 Decided on: 27th March, 2025 ------------------------------------------------------------------------------------- Chander Kala …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Tarun K. Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “a) This Hon’ble Court may kindly be pleased to direct the respondents by way of issuance of Writ of Mandamus to consider the petitioner as having been appointed against the post of TGT (Arts) on regular basis for all intents and purpose alongwith all consequential benefits and further this Hon’ble Court may be pleased to issue a Writ of Certiorari quashing the word ‘contract’ from the appointment letter, issued to the petitioner on contract basis. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 b) This Hon’ble Court may further be pleased to issue a Writ of Mandamus directing the respondent State to pay to the petitioner all the emoluments as they are entitled as a regular employee in the establishment of respondents alongwith 18% interest w.e.f. Petitioner’s date of appointment with all consequential benefits including counting the period for the purpose of seniority etc.” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that her representation dated 06.02.2024 (Annexure P-4) has still not been decided by the respondents/competent authority. 4. Once the legal principle involved in the adjudication of present petition has already been decided, it is expected from the welfare State to consider and decide the representation of the aggrieved employee within a reasonable time and not to sit over the same indefinitely compelling the employee to come to the Court for redressal of his grievances. This is also the purport and object of the Litigation Policy of the State. Not taking decision on the representation for months together would not only give rise to unnecessary multiplication of the litigation, but would also bring in otherwise avoidable increase to the Court docket on unproductive government induced litigation. 5. In view of the above, this writ petition is disposed of by directing the respondents/competent 3 authority to consider and decide the aforesaid representation of the petitioner dated 06.02.2024 (Annexure P-4) in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 27, 2025 Judge Mukesh