ALKA KUMARI AND ANOTHER v. THE STATE OF HP AND OTHERS
CWP/10562/2025 · 2025-07-03
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18209 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18209 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10556 of 2025 alongwith
CWP No.10562 of 2025
Decided on: 3rd July, 2025 -------------------------------------------------------------------------------------
1. CWP No.10556 of 2025 Pooja Rani
…..Petitioner
Versus
State of H.P. and others
.....Respondents -------------------------------------------------------------------------------------
2. CWP No.10562 of 2025 Alka Kumari and another
…..Petitioners
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Ms. Anchal Singh, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, 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.10556 of 2025 read as under:-
“i). That respondent May Kindly be Directed to grant the similar benefit of higher stage of Pay as granted by the department in terms of the Judgment passed in CWP 1638 of 2024 titled as Mohit Sharma Vs State of HP. ii). That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, order or directions directing the Respondents to regularize the services of the Petitioners w.e.f. the date when the Petitioner have completed their two years' service on contract basis i.e. from the date the Regularization Policy was liberalized, along with all consequential benefits, including the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 and the petitioner be accorded the benefit of Himachal Pradesh Civil Services (Revised pay) Rules, 2022 after taking into account the services rendered by them on contract basis as having been appointed prior to 03.01.2022, as has been approved by the Cabinet on
14.10.2022. iii). That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus directing the Respondents to extend the benefits of the Notifications dated 03.01.2022 & 06.09.2022 and Grant Higher Stage of Pay in the Concerned Level of Pay Matrix i.e. Rs.30400/- as per Notification dated 06.09.2022 and fix higher pay from due date i.e. after completion two years of contractual service with all consequential benefits including the arrears along with interest @ 9%.”
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 dated 23.03.2025 (Annexures P-2/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
3 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 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 23.03.2025 (Annexures P-2/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 July 03, 2025
Judge Mukesh