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High Court of Himachal Pradesh · body

2025 DAILYLAW 9675 (HP)

KESHAV RANA v. THE STATE OF HP AND OTHERS

CWP/4044/2025 · 2025-03-22

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4044/2025 Decided on: 22.03.2025 Keshav Rana …Petitioner Versus State of H.P. & Ors. .…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. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents in both the petitions 2. This writ petition has been filed for the grant of following substantive reliefs:- “a) This Hon’ble Court may kindly be pleased to direct the respondents by way of issuance of writ of mandamus to consider the petitioner as having been appointed against the post of Junior Basic Teacher pursuant to office order dated 27-12-2013 on regular basis for all intents and purpose alongwith all consequential benefits and further this Hon'ble Court may be 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 pleased to issue a Writ of Certiorari quashing the word 'contract' from the appointment letter, issued to the petitioner on contract basis. b) This Hon'ble Court may further be pleased to issue a Writ of Mandamus directing the respondent State to pay to the petitioner all the emoluments as they are entitled as a regular employee in the establishment of respondents alongwith with 18% interest w.e.f. petitioner’s date of appointment with all consequential benefits including counting the period for the purpose of seniority etc.” 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 10.10.2024 (Annexure P-4 colly), 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 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. 3 5. In view of above, the instant petition is disposed of by directing 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, shall also stand disposed of. Jyotsna Rewal Dua Judge 22nd March 2025(rohit)