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2025 DAILYLAW 23624 (HP)

GAJENDER DUTT AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/14578/2024 · 2025-01-03

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.14578 of 2024 and connected matters. Decided on: 3rd January, 2025 _________________________________________________________________ 1. CWP No.14578 of 2024 Gajender Dutt and Anr. ....Petitioners Versus State of H.P. & Ors …Respondents _________________________________________________________________ 2. CWP No. 14988 of 2024 Piar Singh & Ors ....Petitioners Versus State of H.P. & Ors …Respondents _________________________________________________________________ 3. CWP No. 14984 of 2024 Randhir Singh & Ors ....Petitioners Versus State of H.P. & Ors …Respondents _________________________________________________________________ 4. CWP No. 15013 of 2024 Arvind Sagar & Ors ....Petitioners Versus State of H.P. & Ors …Respondents _________________________________________________________________ - 2 - Coram Ms. Justice Jyotsna Rewal Dua 1Whether approved for reporting? _________________________________________________________________ For the petitioner(s): Mr. Shivom Vashista, 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 in all the petitions. 2. These writ petitions have been filed for grant of following common relief (prayer has been extracted from CWP No. 14578 of 2024): - “i. That the Respondents may very kindly be directed to grant the benefit of Assured Career progression Scheme in favour of the petitioner by ignoring the effect of enhancement allowed on account of implementation of 5th CPC and the pay of the petitioner my kindly be further ordered to be fixed accordingly in 6 CPC from the due date alongwith arrears and interest, in the interest of justice.” 3. According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 3 - grievance of the petitioners is that their representations, annexed with the respective writ petitions, have 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 consider and decide the aforesaid representations 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. - 4 - Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 3, 2025 R.Atal