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High Court of Himachal Pradesh · body

2025 DAILYLAW 4992 (HP)

SATISH KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/472/2025 · 2025-01-07

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. 472/2025 Decided on: 07.01.2025 Satish Kumar & Ors. …Petitioners Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Tarun K. Sharma, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. The writ petition has been filed for the grant of following substantive relief:- “(i) That respondent may kindly be directed to credit the earned leave in the leave account of petitioners, admissible to them due to retrospective regularization of their service respondents may kindly be directed to grant the benefits of earned leave to petitioner from date of regularisation. (ii) That respondents may be directed to extend the benefits of earned leaves strictly on the analogy of CWP No.5043/2022 being similarly situated to the petitioners of the judgment and they may 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 also be granted the benefits of earned leave on account of retrospective regularization.” 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 respective representations at Annexure P-5 (Colly) 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 redresssal 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 above, the instant petition is disposed of by directing 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 3 communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 07th January 2025(rohit)