Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 17488 (HP)

MAMTA DEVI AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/9894/2025 · 2025-06-20

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.9888 & 9894 of 2025 Date of decision: 20.06.2025 1. CWP No.9888 of 2025 Om Anand & Ors. ...Petitioners. Versus State of HP and Ors. ...Respondents. 2. CWP No.9894 of 2025 Mamta Devi & Anr. ...Petitioners. Versus State of HP and Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Vaibhav Tanwar, Advocate. For the respondent(s) : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.9888 of 2025 read as under:- -2- “i). That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioners the benefit of higher stage of pay of Rs. 40100/- from the date the petitioners have completed two years of regular service i.e. 07.04.2024 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 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 petitioners at Rs.40100/- w.e.f the date the petitioner completed two years of regular service i.e. 07.04.2024 along with interest @ 9% per annum.” 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 01.05.2025 (Annexure P-2 Colly.), 01.05.2025 (Annexure P-2 Colly.) and 02.06.2025 (Annexure P-2 Colly.) with the respective petitions, 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 -3- 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 above, these writ petitions are disposed of by directing respondents/competent authority to consider and decide the respective 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. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 20th June, 2025 Judge (Pardeep)