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High Court of Himachal Pradesh · body

2025 DAILYLAW 7823 (HP)

BABOO RAM AND OTHERS v. THE STATE OF HP AND ANOTHER

CWP/2902/2025 · 2025-03-03

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. 2902/2025 Decided on: 03.03.2025 Baboo Ram & Ors. …Petitioners Versus State of H.P. & Anr. .…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. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs:- “ A. Issue a writ of Mandamus directing respondents to regularize the services of the petitioners with effect from the date of their initial engagement/appointment with all consequential benefits on the principle of equality as they are appointed on commission basis under same requisition of seats as per un-amended Rules. B. Issue a writ of Mandamus directing the respondents to release the entire consequential benefits along with interest @ 9% per 1 Whether reporters of the local papers may be allowed to see the judgment? 2 annum from the date of their initial appointment to till the date of realization.” 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 petitioner, 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 March, 03 2025(rohit)