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High Court of Himachal Pradesh · body

2025 DAILYLAW 17830 (HP)

VIRENDER KUMAR v. THE STATE OF HP AND OTHERS

CWP/11040/2025 · 2025-07-18

Jyotsna Rewal Dua

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11034/2025 a/w connected matters Decided on: 18.07.2025 1. CWP No. 11034/2025 Vishal Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. 2. CWP No. 11036/2025 Lovlesh Kumar …Petitioner Versus State of H.P. & Anr. .…Respondents. 3. CWP No. 11040/2025 Virender Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner(s): Mr. Himanshu Kapila, Advocate vice Mr. M.L. Sharma, in all the petitions. For the respondent(s): Mr. L.N. Sharma, Additional Advocate General, in all the petitions. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents in all the petitions. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. These writ petitions have been filed for the grant of almost common substantive reliefs. Relief clause herein is extracted from CWP No. 11034/2025:- “(i) That the writ in the nature of mandamus may kindly be issued to the respondents to extend the benefits of higher pay scale to the petitioners by re-fixing the pay of the petitioners @ Rs 47,000/- on completion of two years of regular service of petitioner. (ii) That the respondents may kindly be directed to pay the arrears of pay to the petitioners on account of such re-fixation of pay of the petitioner along with interest @12% per annum from the due date till the date of its realization.” 3. According to the petitioner(s), the legal issue involved in the cases has already been adjudicated upon. The grievance of the petitioner(s) is that their representations, annexed 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 petitions 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 redresssal 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 3 otherwise avoidable increase to the Court docket on unproductive government induced litigation. 5. In view of above, the instant petitions are disposed of by directing respondents/competent authority to consider and decide the aforesaid representations of the petitioner(s), in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner(s). Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th July, 2025(rohit)