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2025 DAILYLAW 18260 (HP)

JAGDISH CHAND v. THE STATE OF HP AND OTHERS

CWP/10347/2025 · 2025-06-28

Jyotsna Rewal Dua

Civil Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10347 of 2025 Decided on: 28th June, 2025 ------------------------------------------------------------------------------------- Jagdish Chand …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Ranjana Sharma, Advocate vice Mr. Vikas Rathore, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. B.C. Verma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “(i) That the directions may kindly be issued to the respondents to pay the pension to the petitioner from the due date keeping in view the judgment passed in Civil Appeal No.6309/2017 titled as Sunder Singh Versus The State of H.P. as well as Civil Appeal 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 No.4792/2022 titled as Balo Devi Versus State of H.P. in the interest of justice. (ii) That the respondents may kindly be directed to pay the pension to the petitioner with interest @ 12% per annum.” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 08.01.2025 (Annexure P-5) 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. 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 3 representation of the petitioner dated 08.01.2025 (Annexure P-5) in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 28, 2025 Judge Mukesh