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2025 DAILYLAW 4839 (HP)

SEVATI DEVI v. THE STATE OF HP AND OTHERS

CWP/348/2025 · 2025-01-06

Jyotsna Rewal Dua

Civil Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.346 of 2025 alongwith CWP No.348 of 2025 Decided on: 6th January, 2025 ------------------------------------------------------------------------------------- 1. CWP No.346 of 2025 Neelma Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- 2. CWP No.348 of 2025 Sevati Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Jai Dev Thakur, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate 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. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.346 of 2025 read as under:- “i. That writ in the nature of mandamus may kindly be issued and directing the respondents to count the daily wages/contingent service of the petitioner towards the qualifying service for the purpose of pension as per law laid down by the Hon’ble Apex Court in Civil Appeal No.4792 of 2022 titled as Balo Devi Vs State of H.P., in the interest of justice. ii. That the respondents may kindly be directed to submit the case of petitioner for pension and release the pension w.e.f. 1.11.2023 to till date alongwith arrears with upto date interest, to secure the end of justice.” 3. According to the petitioners, the legal issue involved in these cases has already been adjudicated upon. The grievance of the petitioners is that their representations dated 26.08.2024, annexed with the respective writ petitions as Annexure P-4, have 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 3 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, these writ petitions are 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. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua January 06, 2025 Judge Mukesh