Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.1752 of 2025
Decided on: 13th March, 2025 ------------------------------------------------------------------------------------- Lambo Devi
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. R.L. Chaudhary, 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). That writ of mandamus may kindly be issued, directing the respondents to pay compensation and seniority to the petitioner with all consequential benefits for the period w.e.f. 01.06.2021 till her attaining the age of 60 years i.e. 31.05.2023, in light of the judgment dated 28.05.2024 passed by this Hon’ble Court in CWP No.2274/2021, titled as Satya Devi v/s State of H.P. & others and connected matters (Annexure P-4). (ii). That writ of mandamus may kindly be issued, directing the respondent department to grant pension to the
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
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petitioner w.e.f. 01.06.2023 with all consequential benefits in terms of old pension scheme, since the petitioner has worked in the respondent department for more than 10 years on regular basis.”
3.
According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that her 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 consider and decide the aforesaid representation of the petitioner dated 28.10.2024
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(Annexure P-5) in accordance with law within a period of six 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 March 13, 2025
Judge Mukesh