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2025 DAILYLAW 24630 (HP)

MALA GOIL AND OTHERS v. THE STATE OF HP AND ANOTHER

CWP/15093/2024 · 2025-01-04

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14584 & 15093/2024 Decided on: 04.01.2025 1. CWP No. 14584/2024 Lekh Ram …Petitioner Versus State of H.P. & Anr. .…Respondents. 2. CWP No. 15093/2024 Mala Goil & Ors. …Petitioners Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Vaibhav Tanwar, 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 in both the petitions 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 2. These writ petitions have been filed for the grant of almost common substantive reliefs. Relief clause herein is extracted from CWP No. 14584/2024:- “That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioner the benefit of contract service for all the purposes including seniority, annual increments along with all the consequential benefits as per the judgment passed by the Hon'ble Court in "Taj Mohammad v. State of Himachal Pradesh and others," CWP No. 2004 of 2017. Further direct the respondents to release to the petitioner all the consequential benefits along with arrears at the rate of 9% per annum.” 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 representations, annexed with the respective 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 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 3 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 communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 4th January 2025(rohit)