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High Court of Himachal Pradesh · body

2025 DAILYLAW 24398 (HP)

PIAR CHAND AND ANOTHER v. THE STATE OF HP AND ANOTHER

CWP/15354/2024 · 2025-01-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15354 of 2024 Decided on: 8th January, 2025 _________________________________________________________________ Piar Chand & Anr .. ..Petitioners Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Vikas Rajput, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S.Dhaulta and Mr. L.N.Sharma, Additional Advocates 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 petitioners on 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - contract basis prior to their regularization for the purpose of seniority, Pay fixation, promotion, annual increments, Pension etc. along with all consequential benefits. b. That respondents may further be directed to extend the benefits of judgments mentioned in para 11 (Annexure P-3) to petitioners as well being similarly situated to the petitioners of these judgments and their services rendered on contract basis may be taken into consideration toward seniority, pay fixation, increments Promotion etc.” 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 13.10.2024 (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 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 - 3 - 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 petitioners in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 8, 2025 R.Atal