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2025 DAILYLAW 27611 (HP)

MANJU RANI v. STATE OF HP AND ANOTHER

CWP/5020/2025 · 2025-05-19

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5020 of 2025 Date of decision: 19.05.2025 Manju Rani. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Anil K. God, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive relief:- “A. That the respondent department may be directed to treat the petitioner as regularly appointed staff nurses /regularize her as staff nurse from the date she initially appointed on said post on contract basis on 06.01.2006, with all consequential benefits. B. That respondent department may kindly be directed to consider te case of petitioner for grant the benefits in terms of the judgement passed in CWP no 3038 of 2022 -2- titled as Nisha Kumari & others vs State of HP & others and services of the petitioner be regularized with consequential benefits from the date of initial appointment i.e. 06.01.2006.” 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 09.08.2024 (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 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. -3- 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 six 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 19th May, 2025 Judge (Pardeep)