Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.11730 of 2025
Decided on: 22.07.2025 _________________________________________________________________ Hitender Sharma & Ors
. ...Petitioners
Versus State of H.P. & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Yogesh K.Chandel, Advocate. 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 petitioners the benefits of Higher Pay Stage by fixing the pay of the petitioners @ Rs 40100/- per month as on 22- 05-2020 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 22-05-2020 along with interest on delayed payment of higher pay stage benefit.”
3. According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioners is that their representation dated 29.06.2025 ( 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 petitioners in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua
Judge July 22, 2025 (R.Atal)