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High Court of Himachal Pradesh · body

2025 DAILYLAW 7003 (HP)

KAMLESH KUMARI v. STATE OF HP AND OTHERS

CWP/3130/2025 · 2025-04-08

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.3130 & 3138 of 2025 Date of decision: 08.04.2025 1. CWP No.3130 of 2025 Kamlesh Kumari. ...Petitioner. Versus State of HP and Ors. ...Respondents. 2. CWP No.3138 of 2025 Virender Singh. ...Petitioner. Versus State of HP and Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. M.L. Sharma, Advocate. For the respondent(s) : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. These writ petitions have been filed for the grant of almost identical reliefs. The substantive reliefs in CWP No.3130 of 2025 read as under:- Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- “(I) That the respondent may kindly be directed to extend the benefit of regularization to the petitioner on actual basis instead of notional basis w.e.f. 05.01.2015. (II) That the respondent may also be directed to pay the actual benefits of the petitioner w.e.f. 05.01.2015 with interest @ 9% per annum.” 3. According to the petitioners, the legal issue involved in the cases has already been adjudicated upon. The grievance of the petitioners is that their respective representations 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 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. -3- 5. In view of above, these writ petitions are disposed of by directing respondents/competent authority to consider and decide the respective 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 8th April, 2025 Judge (Pardeep)