Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 29205 (HP)

SANJAY KUMAR AND OTHERS v. THE STATE OF HP AND ANOTHER

CWP/1784/2025 · 2025-03-13

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1784 of 2025 Decided on: 13th March, 2025 ------------------------------------------------------------------------------------- Sanjay Kumar and others …..Petitioners Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Virbahadur Verma, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, learned 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. Issue a writ of Mandamus directing the respondents to grant due and admissible benefit of Earned leave with all monetary benefits from the date of initial appointment. II. Issue a writ of Mandamus directing the respondents to pay the consequential arrear along with interest @ 9% per annum from due date to till the date of realization.” 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 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 28.10.2024 (Annexure P-3) 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 consider and decide the aforesaid representation of the petitioners dated 28.10.2024 (Annexure P-3) in accordance with law within a period of six 3 weeks from today. The order so passed be also communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 13, 2025 Judge Mukesh