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2025 DAILYLAW 25041 (HP)

NISHA DEVI AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/15370/2024 · 2025-01-08

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.15370 of 2024 Decided on: 8th January, 2025 _________________________________________________________________ Nisha Devi & Ors .. ..Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Shovom Vashista, 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:- “i. That the Respondents may very kindly be directed to grant the benefit of Assured Career 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - progression Scheme in favour of the petitioner by ignoring the effect of enhancement allowed on account of implementation of 5th CPC and the due and admissible financial up gradation/enhancement falling due in favour of the petitioners w.e.f. 01.10.2016, may kindly be allowed in favour of the petitioners along with interest and arrears, in the interest of justice..” 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 20.10.2024 (Annexure P-8) 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 multiplication of the litigation, but would also bring in otherwise avoidable increase to the Court docket on - 3 - 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