Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7874 of 2025
Decided on: 14th May, 2025 ------------------------------------------------------------------------------------- Sunil Kumar
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vaibhav Tanwar, Advocate.
For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. Y.P.S. Dhaulta, learned 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 reliefs:-
“1. That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioner the benefit of higher stage of pay of Rs.40100/- from the date the petitioner has completed two years of regular service i.e. 12.01.2024 as per the judgment passed by the Hon’ble Court in CWP No.1638/2024 titled Mohit Sharma versus State of H.P. & others. Further direct the respondents to release to the petitioners all the
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
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consequential benefits along with arrears at the rate of 9% per annum.
2. That the respondents may also be directed to release the arrears of pay after fixing the pay of the petitioner at Rs.40100/- w.e.f. the date the petitioner completed two years of regular service i.e. 12.01.2024 along with interest @ 9% per annum.”
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 17.04.2025 (Annexure P-2) 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 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
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authority to consider and decide the aforesaid representation of the petitioner dated 17.04.2025 (Annexure P-2) 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 May 14, 2025
Judge Mukesh