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2025 DAILYLAW 28356 (HP)

BISHAN LAL v. THE STATE OF HP AND OTHERS

CWP/390/2025 · 2025-01-06

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.386, 388 & 390 of 2025 Date of decision: 06.01.2025 1. CWP No.386 of 2025 Satnam Singh Khagta. ...Petitioner. Versus State of HP and Ors. ...Respondents. 2. CWP No.388 of 2025 Prem Sukh. ...Petitioner. Versus State of HP and Ors. ...Respondents. 3. CWP No.390 of 2025 Bishan Lal Malata. ...Petitioner. Versus State of HP and Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Gambhir Singh Chauhan, Advocate. For the respondent(s) : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, Deputy Advocate General, appears and waives service of notice on behalf of the respondents. Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.386 of 2025 read as under:- “I. The respondents may very kindly be directed to grant of the pay scale of Rs. 5480-8925 with effect from the initial date of joining instead of Rs. 5000-8100 to the petitioner, along with all consequential benefits and arrears accrued thereunder may kindly be ordered to be paid/released with interest @ 9% p.a., in the interest of justice; II. The respondents may very kindly be directed to release revised pay scale to the Petitioner with the basic pay grade along with all other consequential benefits;” 3. According to the petitioners, the legal issue involved in the cases has already been adjudicated upon. The grievance of the petitioners is that their respective representations 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 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 -3- 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, these writ petitions are disposed of by directing respondents/competent authority to consider and decide the respective representations of the petitioners, in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 6th January, 2025 Judge (Pardeep)