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2025 DAILYLAW 12418 (HP)

BALDEV SNIGH AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/6764/2025 · 2025-05-05

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6764 of 2025 Decided on: 25th April, 2025 _________________________________________________________________ Baldev Singh & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Mandeep Chandel, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Chaudhary, learned Assistant 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) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, order or directions to the Respondents to regularize the 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - services of the Petitioner w.e.f. the date when the Petitioner has completed their two years' service on contract basis, and also grant the benefit of High stage of Pay of 37,600 being a covered matter by the law laid down by this Hon'ble Court vide judgment dated 29.11.2024 (Annexure-P/5) in CW.P. No.1638 of 2024 titled as Mohit Sharma & Others Vs State of HP & Others whereby it has to be held that incumbents are entitled to the benefit of higher stage of pay under Rule 7(A) of the Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 2022, notified on 06.09.2022, on completion of two years of regular service. ii. That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to Grant Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs. 37,600/- and fix their pay from due date i.e. after completion two years of regular service with all consequential benefits including the arrears along with interest @ 9%.” 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 10.03.2025 [Annexure P-6 (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 - 3 - 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 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. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge April 25, 2025 R.Atal