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2025 DAILYLAW 19573 (HP)

KAPIL CHOUDHARY v. THE STATE OF HP AND OTHERS

CWP/11012/2025 · 2025-07-10

Jyotsna Rewal Dua

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11012 of 2025 Decided on: 10.07.2025 _________________________________________________________________ Kapil Choudhary . ...Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Yogesh K. Chandel, Advocates. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. Notice. Ms. Menka Raj Chauhan, learned Deputy 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 relief:- “(i) That the writ in the nature of mandamus may kindly be issued to the respondent department by directing them to grant the petitioner the benefits of Higher Pay Stage by fixing the pay of the petitioner @ Rs 40100/- per month as on 16- 10-2020 along with all consequential benefits including arrears of pay by getting fixation @ Rs 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 40100/- per month as on 16-10-2020 along with interest on delayed payment of higher pay stage benefit.” 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 16.06.2025 (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 - 3 - 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 10, 2025 (R.Atal)