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2025 DAILYLAW 4682 (HP)

PREM CHAND AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/128/2025 · 2025-01-03

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP Nos.128 & 130 of 2025 . Decided on: 3rd January, 2025 _________________________________________________________________ 1. CWP No.128 of 2025 Prem Chand & Ors ....Petitioners Versus State of H.P. & Ors …Respondents _________________________________________________________________ 2. CWP No. 130 of 2025 Sneh Lata and Ors ....Petitioners Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1Whether approved for reporting? _________________________________________________________________ For the petitioner(s): Mr. Naresh Kaul, Advocate. For the respondents: Mr. Dalip K.Sharma Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Dalip K. Sharma, learned Additional Advocate General, appears and waives service of notice on 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - behalf of the respondents in both the petitions. 2. These writ petitions have been filed for grant of following almost common reliefs (prayers have been extracted from CWP No. 128 of 2025): - “a) That a writ in the nature of mandamus may kindly be issued directing the respondents to fix the pay of the petitioners in the pay band of Rs. 10,300-34,800+4400 grade Pay with. additional 3% promotional increment w.e.f 01.10.2012, as has been done with the incumbents promoted to the post of Head Teacher after 01.10.2012, with all consequential benefits and interest 9% per annum, in view of the judgment dated 07.07.2023 (Annexure P-2) passed by this Hon'ble Court in CWP No. 2500/2021 & connected matter, titled as Ranjit Singh & Ors. Vs State of H.P. & Ors., when the respondents vide orders dated 19.09.2023 & 21/22.09.2023 (Annexure P-3) have decided to implement the same, in the interest of law and justice. b. That a writ in nature of mandamus may be issued directing the respondents to consider and decide the representation Annexure P-4 dated 26.08.2024 during the pendency of the writ petition, in the interest of law and justice.” 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 representations, annexed with the respective writ petitions, have still not been - 3 - 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 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. - 4 - Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 3, 2025 R.Atal