Himachal Pradesh High Court
Minakshi Devi vs State Of H.P. & Anr on 19 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9788/2024 Decided on: 19.11.2024 Minakshi Devi ...Petitioner Versus State of H.P. & Anr. ....Respondents.
........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioner: Mr. Ajay Thakur & Ms. Anita Devi, Advocates.
For the respondents: 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.
2. This writ petition has been filed for the grant of following substantive reliefs:-
"a) . That the directions may kindly be issued to the respondents to count the contractual service of the petitioner with effect from the date of her appointment on contractual basis for all intents and purposes i.e. seniority, promotion, pay scale revised time to time, annual increment, proficiency step-up & promotion etc. and direct to release all consequential benefits as per the judgment passed by this Hon'ble court in CWPOA No. 2604 of 2020 titled as Manohar Lal and others vs. State of H.P. and ors., decided on 06.05.2024 and CWP No. 2004 of 2017 titled as Sh. Taj 1 Whether reporters of the local papers may be allowed to see the judgment?2
Mohammad and Ors. Vs. State of H.P., with connected matter decided 03.08.2023.
b) That the respondents may kindly be directed to draw the seniority list whereby inducting the name of the petitioner at a proper place, whereby giving the benefits to petitioner of her contractual service from the date of her initial appointment in the Department.
c) That the respondent department may kindly be directed to pay all consequential benefits to the petitioner from the due date with interest @12% per annum till the date of realization.
d) That the respondents kindly be directed to grant all consequential benefits to the petitioner same as has been granted to other similar situated person as per the judgment supra and thereafter fresh senior list kindly be prepared."
3. According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that her representation dated 05.08.2024 (Annexure P-3) 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 3 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 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 19th November, 2024(rohit)