Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 15820 & 15826/2024
Decided on: 09.01.2025
1. CWP No.15820/2024 Aman Kumar
…Petitioner
Versus State of H.P. & Ors. .…Respondents. 2. CWP No.15826/2024 Rakesh Kumar
…Petitioner
Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner(s): Mr. Ajay Thakur, Advocate. For the respondent(s): 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. 2. These writ petitions have been filed for the grant of almost common substantive reliefs. Relief clause herein is extracted from CWP No. 15820/2024:-
“ i. That the directions may kindly be issued to the respondents to count the contractual service of the petitioner with 1 Whether reporters of the local papers may be allowed to see the judgment? 2
effect from the date of initial appointment on contractual basis for all intents and purposes i.e. seniority, promotion, pay scale revised time to time, annual increment, proficiency step-up & promotion etc. and direct to release all consequential benefits as per the judgment passed by this Hon'ble court in CWP No. 2004 of 2017 titled as Sh. Taj Mohammad and Ors. Vs. State of H.P., with connected matter decided on 03.08.2023. b) That the respondents may kindly be directed to draw the seniority list whereby inducting the name of the petitioner at a proper place, whereby giving the benefits to petitioner of his contractual service from the date of their initial appointment in the Department. c) That after counting the contractual service rendered by the petitioner, respondent further be directed to promote the petitioner to the post of Sr. Assistant with all consequential benefits from the due date of promotion. d) That the respondent department may kindly be directed to pay all consequential benefits to the petitioner from the due date with interest @12% per annum till the date of realization. e) That the respondents kindly be directed to grant all consequential benefits to the petitioner same as has been granted to other similar situated person as per the judgment supra and thereafter fresh senior list kindly be prepared.”
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
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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 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 petitions are disposed of by directing respondents/competent authority to consider and decide the aforesaid representations of the petitioner, 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 09th January 2025(rohit)