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High Court of Himachal Pradesh · body

2025 DAILYLAW 21579 (HP)

TENZIN DORGE v. THE STATE OF HP AND OTHERS

CWP/3820/2025 · 2025-05-06

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3820/2025 Decided on: 06.05.2025 Tenzin Dorje …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Pankaj Thakur, Advocate. For the respondents: Mr. P.K. Nadda, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. P.K. Nadda, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “a) That this Hon’ble Court may be pleased to issue the Writ in the nature of Mandamus or any other appropriate writ order or directions to the respondent to grant the pay scale of Rs.5480- 8925 from date of his initial appointment and subsequently for pay scale of Rs. 10830 Plus 3600 grade pay w.e.f. 01.01.2006 along with other consequential benefits i.e. monetary benefits, pay fixation, ACP’s Arrears etc. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 b) The respondents may be further directed to release the consequential benefits alongwith arrears alongwith interest @9% interest p.a.” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 01.09.2024 (Annexure P-4) 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 petitioner, in accordance with law within a period of six weeks from today. The order so passed be also 3 communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 06th May, 2025(rohit)