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2025 DAILYLAW 21025 (HP)

SHALINI v. THE STATE OF HP AND OTHERS

CWP/11732/2025 · 2025-07-22

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11732 of 2025 Decided on: 22.07.2025 _________________________________________________________________ Shalini . ...Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ajeet Singh Saklani, 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 writ in the nature of mandamus may kindly be issued, directing the respondents to release the higher stage of pay of Rs.30,500/- to the petitioner w.e.f. her completing two years of regular service as Clerk i.e. w.e.f the year 2024 alongwith all consequential benefits, within stipulated period. The respondents shall be 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - directed that arrears of pay shall be paid to the petitioner on account of such re-fixation of pay of the petitioner alongwith interest at market rate on delayed payment arrears.” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that her representation dated 22.06.2025 ( 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 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 22, 2025 (R.Atal)