Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.1990 of 2025
Decided on: 22nd March, 2025 _________________________________________________________________
Devender Kumar
....Petitioner
Versus
HRTC & Anr.
…Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. S.P.Chatterji, Advocate.
For the respondents: Mr. Deepak Sharma, Advocate. .
Jyotsna Rewal Dua, Judge
Notice. Mr. Deepak Sharma, learned Counsel, 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). Respondent be directed to regularize the services of the petitioner from his initial date of appointment on Contract basis i.e. 24.03.2021, by giving him regular pay of scale of Chowkidar alongwtih all consequential benefits viz seniority,
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - promotion and pay fixation. (ii) That the arrears of salary may be ordered to be paid along with interest at market rate.”
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 28.10.2024 (Annexure P-5), 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 March 22, 2025 R.Atal