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2025 DAILYLAW 17440 (HP)

RAKESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/9826/2025 · 2025-06-19

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9824 of 2025 alongwith CWP No.9826 of 2025 Decided on: 19th June, 2025 ------------------------------------------------------------------------------------- 1. CWP No.9824 of 2025 Kuldeep Singgh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- 2. CWP No.9826 of 2025 Rakesh Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Raj Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with 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. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. Both these writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.9824 of 2025 read as under:- “i. That the respondents may kindly be directed to grant second and third financial enhancement/upgradation under the new ACPS on the completion of 9 & 14 years of service of petitioner, with all consequential benefits. ii. That the respondents may kindly be further directed to calculate the arrears on account of grant of second and third financial enhancement/upgradation under the new ACPS (4/9/14) alongwith interest @ 12% per annum.” 3. According to the petitioners, the legal issue involved in these cases has already been adjudicated upon. The grievance of the petitioners is that their representations each dated 01.05.2025 (Annexure P-3) 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 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 3 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 dated 01.05.2025 (Annexure P-3) in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 19, 2025 Judge Mukesh