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2025 DAILYLAW 5765 (HP)

SUNIL KUMAR AND OTHERS v. STATE OF HP AND OTHERS

CWP/4636/2025 · 2025-04-01

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4636 of 2025 Date of decision: 01.04.2025 Sunil Kumar & Ors. ...Petitioners. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Dixit Sahotra, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, 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 relief(s):- “i) Issue the writ of mandamus or any other appropriate writ, order, or direction to the Respondents to fix the pay of the petitioners from the eligible date of period at the minimum revised pay scale of 38,100 in terms of the ₹ Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, effective from 01.01.2016, and pay all associated arrears.” 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 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 representation dated 29.11.2024 (Annexure P-4) 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 their 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 representation of the petitioners in accordance with law within a period of six -3- weeks from today. The order so passed be also communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 1st April, 2025 Judge (Pardeep)