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2025 DAILYLAW 17341 (HP)

RAJESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/9796/2025 · 2025-06-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.9796 of 2025 and connected matters. Decided on: 18th June, 2025 _________________________________________________________________ 1. CWP No.9796 of 2025 Rajesh Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ 2. CWP No.9798 of 2025 Bhim Singh & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ 3. CWP No.9800 of 2025 Bhupesh Raj & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Anil Kumar, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respective respondents in all the petitions. 2. These writ petitions have been filed for grant of almost common relief, which has been extracted from CWP No. 9796 of 2025:- “i) That the respondents may very kindly be directed to grant third financial enhancement/upgradation under the new ACP of 2012 to the petitioner, on the completion of 14 years of service as JBT w.e.f. due date with all consequential benefits and the arrears accrued there under may kindly be ordered to be paid with interest.” 3. According to the petitioners, the legal issue involved in the cases has already been adjudicated upon. The grievance of the petitioners is that their representations, dated 28.03.2025 (Annexure P-8), 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 is expected from the welfare State to consider and decide the representation of the aggrieved employee within a reasonable - 3 - 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, these writ petitions are 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 June 18, 2025 Judge R.Atal