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2025 DAILYLAW 29100 (HP)

ASHWANI SHARMA AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/16720/2024 · 2025-01-01

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.16720 of 2024 Decided on: 1st January, 2025 _________________________________________________________________ Ashwani Sharma & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Anil Kumar, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Learned counsel for the petitioners submits that this writ petition be treated to have been filed only on behalf of petitioners No. 1, 2, 8, 9 and 11 to 17. He further submits that petitioners No. 3 to 7, 10, 18 and 19 be permitted to file separate writ petitions for the cause of action raised in the present petition. Prayer is accepted. The present petition is now treated to have been filed on behalf of petitioners No. 1, 2, 8, 9 and 11 to 17. Petitioners No. 3 to 7, 10, 18 and 19 are permitted to file 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - separate writ petitions on the same cause of action. Notice. Mr. L.N. Sharma learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for grant of following substantive relief: - “(i) That the respondents may kindly be directed to grant the third financial enhancement/up- gradation under the New ACP of 2012, to the petitioner, on the completion of 14 year of service as JBT teacher w.e.f due date with all consequential benefits and the arrears accrued thereunder may kindly be ordered to be paid with interest.” 3. According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioners is that their representation dated 20.07.2024 (Annexure P-8) 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 - 3 - 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 consider and decide the aforesaid representation 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. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 1, 2025 R.Atal