CHHERING ZANGMO AND ANOTHER v. STATE OF HP AND OTHERS
CWP/8086/2024 · 2025-02-24
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18088 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18088 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.8086 of 2024
Decided on: 24th February, 2025 _________________________________________________________________
Smt. Chhering Zangmo & Anr. ....Petitioners
Versus
State of H.P. & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Naresh Kaul, Advocate. For the respondents: Mr. Amandeep Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge
Even though the respondents have not filed the reply, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This writ petition has been filed for grant of following substantive reliefs:-
“(a) That a writ in the nature of mandamus may kindly be issued directing the respondents to fix the pay of the petitioners in the pay band of Rs. 10,300-34,800+4400 grade Pay with additional
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - 3% promotional increment w.e.f 01.10.2012, as has been done with the incumbents promoted to the post of Head Teacher after 01.10.2012, with all consequential benefits and interest @ 9% per annum, in view of the judgment dated 07.07.2023 (Annexure P-1) passed by this Hon'ble Court in CWP No. 2500/2021 & connected matter, titled as Ranjit Singh & Ors. Vs State of H.P. & Ors., when the respondents vide orders dated 19.09.2023 & 21/22.09.2023 (Annexure P-2) have decided to implement the same, in the interest of law and justice. b) That a writ in nature of mandamus may be issued directing the respondents to consider and decide the representation Annexure P-3 dated 08.06.2024 during the pendency of the writ petition, in the interest of law and justice.”
3. According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioners is that their representation dated 08.06.2024 (Annexure P-3), 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. - 3 - 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 authority to consider and decide the aforesaid representation 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
Judge February 24, 2025 R.Atal