Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.5196 of 2025
Decided on: 9th April, 2025 _________________________________________________________________
Santosh Kumari
....Petitioner
Versus
State of H.P. & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Gambhir Singh Chauhan, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for grant of following substantive reliefs:-
“I) The respondents may very kindly be directed to grant of the pay scale of Rs. 5480-8925 with effect from the initial date of joining instead of
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - Rs. 5000-8100 to the petitioner, along with all consequential benefits and arrears accrued thereunder may kindly be ordered to be paid/released with interest @ 9% p.a., in favour of the petitioner, in the interest of justice, also in light of judgment dated 4.09.2021 in CWP No. 3341 of 2019 titled: Madan Lal Sharma Versus State of H.P. & Anr.; II. The respondents may very kindly be directed to release revised pay scale to the petitioner with the basic pay grade along with all other consequential benefits;”
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 23.02.2025 (Annexure P-5), 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
- 3 - 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 authority to consider and decide the aforesaid representation of the petitioner in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua
Judge April 9, 2025 R.Atal