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2025 DAILYLAW 25245 (HP)

ROOP CHAND v. HIMACHAL ROAD TRANSPORT CORPORATION AND OTHERS

CWP/15250/2024 · 2025-01-03

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15250 of 2024 Decided on: 3rd January, 2025 _________________________________________________________________ Roop Chand ....Petitioner Versus HRTC & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Virender Singh Kanwar, Advocate vice Mr. Rahul Gathania, Advocate. Jyotsna Rewal Dua, Judge Notice. Mr. Virender Singh Kanwar, Advocate appearing vice Mr. Rahul Gathania, learned Standing Counsel , appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for grant of following substantive relief:- “(i) That the respondents may kindly be directed to 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - release the payment of 74 days of accumulated compensatory leave alongwith interest @ 12% per annum from the due date till the date of its realization.” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 20.09.2024 (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 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 - 3 - consider and decide the aforesaid representation of the petitioner in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 3, 2025 R.Atal