Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7056/2025
Decided on: 30.04.2025 Leela Devi
…Petitioner
Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Gaurav Sharma, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J
Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:-
“ a. A writ of mandamus may kindly be issued to respondents No.1 to 3 directing them to restore the dearness allowance on family pension to the petitioner w.e.f. January 2019 alongwith arrears from the date when the allowance was stopped. b. A writ of mandmaus may kindly be issued to the respondents No.2 and 3 to decide the representation dated 27.3.2025 within a time bound period. c. That the judgment be passed in favour of the petitioner since the matter is squarely covered by the judgment dated 06.12.203 passed in LPA No. 197 of 2023 titled as Shakuntala Devi Vs. State of H.P.”
3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2
petitioner is that her representation dated 27.03.2025 (Annexure P-6) 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 redresssal 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 above, the instant petition is disposed of by directing 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, shall also stand disposed of. Jyotsna Rewal Dua Judge April, 30 2025(rohit)