Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8155 of 2025 Date of decision: 20.05.2025 Mamta Devi
...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. R.L. Chaudhary, Advocate. For the respondents : Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Rajan Kahol, Additional 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:-
“i). That writ of mandamus may kindly be issued, directing the respondents to pay the higher pay scale of TGT (Arts) to the petitioner from the due date i.e. 25.04.2022 with all consequential benefits in light of the ratio laid down by this Hon’ble Court in CWP No.1638/2024, titled as Mohit Sharma & Anr. Vs. State of H.P. & Ors, decided on 29.11.2024 (Annexure P-3) and in CWP No.3021/2025, titled as Pratap Singh & Ors. Vs. State of H.P. & Anr, decided on 07.04.2025 (Annexure P-4). 1Whether reporters of Local Papers may be allowed to see the judgment? Yes
-2- ii) That writ of mandamus may kindly be issued, directing the respondent authorities to decide the representation dated 20.03.2025 (Annexure P-5) made by the petitioner within a time bound manner by taking into consideration the ratio laid down by this Hon’ble Court in CWP No.1638/2024, titled as Mohit Sharma & Anr. Vs. State of H.P & Ors, decided on 29.11.2024 (Annexure P-3) and in CWP No.3021 of 2025, titled as Pratap Singh & Ors. Vs. State of H.P. & Anr, decided on 07.04.2025 (Annexure P-4).”
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 20.03.2025 (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 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 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. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 20th May, 2025 Judge (Shamsh Tabrez)