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2025 DAILYLAW 29372 (HP)

POURKHI RAM v. THE STATE OF HP AND ANR

CWP/88/2025 · 2025-01-03

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.88 of 2025 Decided on: 3rd January, 2025 _________________________________________________________________ Pourkhi Ram ....Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocates General. Jyotsna Rewal Dua, Judge 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 reliefs:- “(A. That the Writ in the nature of Mandamus or any other appropriate writ of direction may kindly be directed to extend the benefits of the PTA to 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Grant in Aid Rules, 2006 to the Petitioner w.e.f. the date of his initial appointment with interest @ 18 % p.a. B. That the instant writ petition may kindly be allowed and the respondents may kindly be directed to extend the benefit of Grant-in-Aid in favour of the present petitioner at par with the similarly situated persons with all consequential benefits and take a decision in the light of the judgment passed by Hon'ble Court in Sangeeta Devi and Ors. V/S State of Himachal Pradesh and ors, bearing CWP No. 2218/2018 (Annexure P-b)..” 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 22.10.2024 (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 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 - 3 - 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 in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 3, 2025 R.Atal