NAVEEN KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/15004/2024 · 2025-01-04
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21450 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21450 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 15004/2024
Decided on: 04.01.2025 Naveen Kumar & Ors.
…Petitioners Versus State of H.P. & Ors.
.…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Digvijay Singh, Advocate.
For the respondents: Mr.
Amandeep
Sharma,
Additional Advocate General.
Jyotsna Rewal Dua , J Notice. Mr. Amandeep 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:-
“ It is, therefore, most humbly prayed that in the facts and circumstances enumerated hereinabove a writ of mandamus may be issued directing the respondents to forthwith release the promotional increments to the petitioners to the post of HTs w.e.f. 01.10.2012 i.e. the date from which the promotional increment has been released to the Hts who were promoted as such after 01.10.2012, along with interest @9% and with all consequential benefits.” 1 Whether reporters of the local papers may be allowed to see the judgment? yes
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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 05.08.2024 (Annexure P-2) 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 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 respondents/competent authority to 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
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communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 04th January 2025(rohit)