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2025 DAILYLAW 11477 (HP)

GURMAIL SINGH v. STATE OF HP AND OTHERS

CWP/5108/2024 · 2025-06-21

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5108 of 2024 Decided on: 21.06.2025 _________________________________________________________________ Gurmail Singh ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Sanjeev Kumar, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This writ petition has been filed for grant of following substantive relief:- “i That the Respondents may be directed to grant third financial enhancement/upgradation under the new ACP Scheme on the completion of 14 years of service w.e.f. 13.02.2015 with all 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - consequential benefits. (ii). That the Respondents may further be directed to calculate the arrears on account of grant of their financial upgradation under the new ACP Scheme (4/9/14) alongwith interest 12% per annum..” 3. Learned counsel for the petitioner submits that the relief prayed for and the legal issue involved in the case has already been adjudicated upon in Sanjay Kumar Vs. State of HP and Ors2. Learned counsel for the petitioner further submits that petitioner would be satisfied in case he is permitted to make a representation to respondent /Competent Authority for the redressal of his grievances, whereafter, respondent /Competent Authority be directed to consider his representation within a time bound schedule. Learned Deputy Advocate General has no objection for the same. 4. Having regard to the aforesaid submissions, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent /Competent Authority within two week, the same shall be considered and decided by the Competent Authority, in accordance with law, keeping in view decision rendered in Sanjay Kumar2, within a period 2 CWPOA No.5536 of 2020, decided alongwith connected matters on 01.11.2023 - 3 - of six weeks thereafter. Copy of decision so taken, be 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 Judge June 21, 2025 R.Atal