NEERAJ KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/10378/2024 · 2025-02-28
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20605 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20605 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10378 of 2024
Decided on: 28th February, 2025 ------------------------------------------------------------------------------------- Neeraj Kumar and others
…..Petitioners
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Bonit Thakur, Advocate.
For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
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 the grant of following substantive relief:-
“i. That the respondents may kindly be directed to count the services rendered by the petitioners on Ad-hoc basis for the purpose of increment and pension, with all benefits incidental thereof.”
3.
According to the petitioners, the legal issue involved in the case has already been adjudicated upon.
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2 The grievance of the petitioners is that the representations dated 25.06.2024 (Annexure P-4 Colly.) preferred by them 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 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 representations of the petitioners in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners.
3
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua February 28, 2025
Judge Mukesh