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2025 DAILYLAW 7251 (HP)

GURDEV SINGH AND OTHERS v. STATE OF HP AND ORS

CWP/4086/2025 · 2025-05-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4086 of 2025 Decided on: 8th May, 2025 _________________________________________________________________ Gurdev Singh & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Anchal Sharma, Advocate vice Mr. Parveen Thakur, Advocate. For the respondents: Mr. L.N.Sharma and Mr. Y.P.S. Dhaulta, Additional Advocates 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 grant of following substantive reliefs:- “i) That the writ in the nature of mandamus or any other directions may kindly be issued, to the respondents to grant the benefit of Assured 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Career Progression Scheme on completion of 9 years of regular service w.e.f. 1.10.2016 with all consequential benefits in terms of the notification dated 09.08.2012 & instructions dated 07.07.2014 & 09.09.2014. ii. That Writ in the nature of mandamus or any other appropriate writ order or directions may be issued to directing the Respondents to also pay the consequential benefits of ACPS on completion of 9 years of service alongwith interest @9% per annum.” 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 representations dated 23.11.2024 [Annexure P-9(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 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 - 3 - 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 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. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge May 8, 2025 R.Atal