SUSHMA KUMARI AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/5056/2025 · 2025-04-07
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10908 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10908 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5056 of 2025 Date of decision: 07.04.2025 Sushma Kumari & Ors. ...Petitioners. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Jai Dev Thakur, Advocate. For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Chaudhary, 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 relief(s):-
“I. That an appropriate writ, order or direction may kindly be issued directing the respondents to regularize the services of the petitioners after completion of two years of regular service on contract basis in terms of the policy decision dated 28.12.2021 (Annexure P- 3), in the interest of justice. II. That an appropriate writ, order or direction may kindly be issued directing the respondents to fix the pay of the petitioners at the higher pay stage of Rs. 41,300/- with effect from the date of completion of two years of regular service as Staff Nurse in terms of Notification dated 1Whether reporters of Local Papers may be allowed to see the judgment? Yes
-2- 6.09.2022 with the further direction to release the arrears of salary with all consequential benefits along with interest @ 9% per annum on delayed payment in the interest of justice.”
3. According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioners is that their representations dated 16.03.2025 (Annexure P-7 Colly.) have 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 their 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. -3-
5.
In view of the above, this writ petition is disposed of by directing the respondents/competent authority to consider and decide the aforesaid representations of the petitioners in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 7th April, 2025
Judge (Pardeep)