Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.11368 of 2025
Decided on: 16.07.2025 _________________________________________________________________ Manish Bains
. ...Petitioner
Versus State of H.P. & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Rajat Kumar, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Notice. Ms. Leena Guleria, 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 reliefs:-
“(i) That this Hon'ble Court may be pleased to issue the Writ in the nature of mandamus, directing the respondents to grant the benefits of High Stage of Pay i.e. Rs. 37,600/- to the petitioner on completion of 2 years of regular service as JBT in accordance with notification dated 06.09.2022 (Annexure P-1), keeping in view the fact that the
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - petitioner has completed two years of regular service on 12.01.2024, in the interest of justice. ii. That the respondents may kindly be directed to consider the case of the petitioner in the light of law laid down by this Hon'ble Court in CWP No. 1638 of 2024 titled as Mohit Sharma & another Vs. State of H.P, in a time bound manner. iii. That the respondents may kindly be directed to grant and release the actual monetary benefits i.e. arrears of salary, to the petitioner, from the date of initial appointment along with 12% interest, in a time bound manner.”
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 15.06.2025 ( 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. 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
- 3 - 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 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 16, 2025 (R.Atal)