Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.358 of 2025
Decided on: 6th January, 2025 ------------------------------------------------------------------------------------- Brij Lal
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Pradeep Kumar Sharma, 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. 2. This writ petition has been filed for the grant of following substantive reliefs:-
“(I) That the respondents may kindly be directed to grant second financial enhancement/up-gradation under the new Assured Career Progression Scheme (ACPS) to the petitioner from the due date i.e. 03.10.2021 when the petitioner completed 09 years service as principal along with requisite arrears in the interest of justice and fair play. (II) That the respondents may kindly be directed to consider & decide the representations dated
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 23.10.2023 & 12.10.2024 (Vide Annexure P-8) and to grant all benefits as has been done in Civil Writ Petition (Original Application) No.5536/2020 along with connected matters titled as Sanjay Kumar Versus State of H.P. & Others (Annexure P-5) and in Execution Petition (T) No.82/2024, titled as Sanjay Kumar Versus State of H.P. & Others & Execution Petitions (T) No.20/2024 & 21/2024, titled as Jai Prakash Versus State of H.P. & Others along with connected matter (Annexure P-6) being similarly situate in a time bound manner.”
3. Learned counsel for the petitioner submitted that the case of the petitioner and the reliefs prayed for by him have already been considered & adjudicated upon by this Court in Sanjay Kumar Versus State of Himachal Pradesh & others2. Learned counsel also submits that the petitioner has already preferred representations dated 23.10.2021 and 12.10.2024 (Annexure P-8 Colly) to respondent No.3 for claiming the above reliefs. Learned counsel further submits that the petitioner be permitted to prefer a fresh comprehensive representation to respondent No.2 within a period of two weeks and thereafter the competent authority be directed to decide the said representation within a time bound schedule. Learned Additional Advocate General is not averse to this prayer. 4.
Having regard to the afore-submissions, but without examining the merits of the matter, this writ
2 CWPOA No.5536 of 2020, decided alongwith connected matters on 01.11.2023
3 petition is disposed of by permitting the petitioner to file a fresh comprehensive representation to respondent No.2/ competent authority within a period of two weeks from today. In case such a representation is received by respondent No.2 within the aforesaid period, the same shall be considered and decided in accordance with law as well as taking into consideration the above judgment in the case of Sanjay Kumar2 within a period of six weeks from today. The decision so arrived at shall also be 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 January 06, 2025
Judge Mukesh