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2025 DAILYLAW 27304 (HP)

ASHOK KUMAR v. THE STATE OF HP AND OTHERS

CWP/3584/2025 · 2025-04-30

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 3576, 3578 and 3584/2025 Decided on: 30.04.2025 1 CWP No. 3576/2025 Onkar Chand Sharma …Petitioner Versus State of H.P. & Ors. .…Respondents. 2 CWP No. 3578/2025 Baldev Raj …Petitioner Versus State of H.P. & Ors. .…Respondents. 3 CWP No. 3584/2025 Ashok 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. Anirudh Sharma, Advocate. For the respondent(s): Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondent(s). 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. 3576/2025:- “ To direct respondents to grant the petitioner regular pay scale of Rs.5480-8925 + allowances, as is legally prescribed to the post of Shastri teachers, instead of Rs.5,000-8100+ allowances, from the date of her initial appointment i.e. 24.04.2002, with all the consequential benefits and the arrears accrued there under with interest @9% per annum till realization of the amount in the interest of justice and fair play.” 3. According to the petitioner(s), the legal issue involved in the cases has already been adjudicated upon. The grievance of the petitioner(s) is that their representations at Annexure P-4, 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 petitions 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 unnecessary multiplication of the litigation but would also bring in 3 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(s), in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner(s). Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 30th April, 2025(rohit)