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2025 DAILYLAW 7886 (HP)

RAM DASS v. THE STATE OF HP AND OTHERS

CWP/3092/2025 · 2025-03-05

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3092 of 2025 Decided on: 5th March, 2025 _________________________________________________________________ Ram Dass ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Nandita, Advocate, vice Mr. Vijay Kumar, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General, for respondents No.1 to 3. Mr. T.R.Sharma, Advocate,for respondent No.4. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General and Mr. T.R.Sharma, learned Counsel, appear and waives service of notice on behalf of respondents No. 1 to 3 and respondent No.4, respectively. . 2. This writ petition has been filed for grant of following substantive reliefs:- 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - “i) That the respondents may kindly be directed to retire the petitioner only after having completed the age of 60 years with all consequential benefits, like arrear of pay, increments, seniority etc., as is being done in case of other Class-IV employees of the State, who are similarly situated to the petitioner. ii) That an appropriate writ, order or direction may kindly be issued to the respondents to release the pension in favour of the petitioner alongwith interest @ 18% per annum with effect from due date, i.e., 01.02.2018 till the date of its actual realization. (iii) That the respondent No.2 may kindly be directed to decide the representation dated 27.12.2024, Annexure P-5, within time bound manner..” 3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 27.12.2024 (Annexure P-5), 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 his grievances. - 3 - 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 petitioner in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge March 5, 2025 R.Atal