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2025 DAILYLAW 28338 (HP)

RAJENDER KUMAR v. THE STATE OF HP AND OTHERS

CWP/1998/2025 · 2025-03-21

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1998 of 2025 Date of decision: 21.03.2025 Rajender Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Shubham Sharma, 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. 2. This writ petition has been filed for the grant of following substantive reliefs:- “I. That the respondents may be directed to grant first financial enhancement upgradation under the new ACPS on the completion of 4 years of service w.e.f. 01.08.2014 with all consequential benefits. II. That the Writ of mandamus or any other direction may kindly be issued to the respondent to grant the ACP benefit on completion of 4 yrs in the cadre of JBT from due date i.e from the year 2014 with all consequential benefits. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- III. That the respondents may be further directed to calculate the arrears on account of grant of their financial upgradation under the new ACPS (4/9/14) along with interest @ 12% per annum.” 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 14.10.2024 (Annexure P-2) 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 eight 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 21st March, 2025 Judge (Pardeep)