Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 24763 (HP)

KALPNA THAKUR v. THE STATE OF HP AND ANOTHER

CWP/14836/2024 · 2025-01-02

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.14836 of 2024 Date of decision: 02.01.2025 Kalpna Thakur. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Ms. Avinash Jaryal, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Dalip K. Sharma and Mr. L.N. Sharma, Additional Advocates General, for respondents-State. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “A). That the respondent authority be directed to count entire services rendered by the petitioner on contract basis, from the date of her initial appointment followed by regularization, for the purpose of seniority, increments and all other consequential service benefits, arising therefrom in terms of judgment passed in Taj Mohammad Case. (B) That respondents be directed to settle the seniority as per the Annexure P-1 appended herewith.” 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 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 02.09.2024 (Annexure P-5) 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 their 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 representation of the petitioner in accordance with law within a period of eight -3- weeks from today. The order so passed be also communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 2nd January, 2025 Judge (Pardeep)