Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.14912 of 2024
Decided on: 3rd January, 2025 _________________________________________________________________
Monika Walia
....Petitioner
Versus
State of H.P. & Ors. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vikas Rajput, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma learned Additional 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 reliefs:-
“(a) That respondents may kindly be directed to count the service rendered by the petitioner on contract basis prior to their regularization as
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - qualifying service for purpose of pensionery benefits and respondent may kindly be directed to grant pension to petitioners from due date along with all consequential benefits. b. That respondents may kindly be further directed to consider the case of petitioner for annual increments from initial date of appointment on contract basis. c. That in alternate respondents may kindly be directed to consider the case of petitioner for pension and increments as per law laid down by this Hon,ble court in its judgments passed in case of Hem Raj Sharma which has already been implemented and same treatment may also be extended to petitioner also.”
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 09.03.2024 (Annexure P-6) 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
- 3 - 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 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 January 3, 2025 R.Atal