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2025 DAILYLAW 14077 (HP)

KAMLESH KUMAR v. STATE OF HP AND OTHERS

CWP/8113/2025 · 2025-05-20

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8113 of 2025 Date of decision: 20.05.2025 Kamlesh Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Gambhir Singh Chauhan, 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). 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 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% per annum, in the interest of justice; 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 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; iii) Call for records pertaining to the petitioner; and/or iv) Any further or other order that this Hon’ble Court deems fit and appropriate may kindly be pleased in the facts and circumstances narrated herein above in the interest of justice.” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 06.04.2025 (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)