Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.10872 of 2025
Decided on: 11.07.2025 _________________________________________________________________ Tilak Raj
. ...Petitioner
Versus State of H.P. & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate General. Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for grant of following substantive reliefs:-
“(i) That the writ in the nature of mandamus or any other directions may kindly be issued, to the respondents to grant the 2nd benefit of Assured Career Progression Scheme/ Second financial upgradation on the completion of 9 years regular service from due date i.e. 27.08.2009 with all consequential benefits in terms of the
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - instructions dated 09.08.2012, 07.07.2014 &
09.09.2014. ii. That Writ in the nature of mandamus or any other appropriate writ order or directions may be issued to directing the Respondents to also pay the consequential arrears alongwith interest @9% 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 02.06.2025 ( Annexure P-2) , 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. - 3 -
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 petitioner in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner.
Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua
Judge July 11, 2025 (R.Atal)