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High Court of Himachal Pradesh · body

2025 DAILYLAW 20675 (HP)

BALBIR SINGH v. THE STATE OF HP AND ANOTHER

CWP/11510/2025 · 2025-07-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11510/2025 Decided on: 18.07.2025 Balbir Singh …Petitioner Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Vaibhav Tanwar, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. The writ petition has been filed for the grant of following substantive relief: - “A writ of mandamus may kindly be issued directing the respondents to grant to the petitioner the benefit of 2nd and 3rd Financial up-gradation on completion of 9 and 14 years of service in a cadre under the new ACP scheme alongwith all the consequential benefits .” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 petitioner is that his representation dated 12.06.2025 (Annexure P-1) has still not been decided by respondent No.2/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 redresssal 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 above, the instant petition is disposed of by directing respondent No.2/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, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th July, 2025(rohit)