Budhi Singh & Ors vs State Of H.P. & Anr
2024 Latest Caselaw 16433 HP

Himachal Pradesh High Court

Budhi Singh & Ors vs State Of H.P. & Anr on 4 November, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP Nos.12188 to 12191 of 2024 Date of decision: 04.11.2024

1. CWP No.12188 of 2024 Budhi Singh & Ors. ...Petitioners.

Versus State of H.P. & Anr. ...Respondents.

2. CWP No.12189 of 2024 Satpal & Anr. ...Petitioners.

Versus State of H.P. & Anr. ...Respondents.

3. CWP No.12190 of 2024 Nikhil & Ors. ...Petitioners.

Versus State of H.P. & Anr. ...Respondents.

4. CWP No.12191 of 2024 Sangeet Sood & Ors. ...Petitioners.

Versus State of H.P. & Anr. ...Respondents.

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? No

For the petitioner : Mr. Ajeet Singh Saklani, Advocate, in all matters.

Whether reporters of Local Papers may be allowed to see the judgment? Yes

For the respondent(s) : Mr. L.N. Sharma and Mr. Dalip K. Sharma, Additional Advocates General, for respondents-State.

Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, Additional Advocate

General, appears and waives service of notice on behalf of

the respondents.

2. The writ petitions have been filed for the grant of

following substantive relief(s) extracted from one of the writ

petitions:-

"a). That writ in the nature of certiorari may very kindly be issued and the respondent department may kindly be directed to count the service of petitioners rendered in contract basis for the purpose of seniority, annual increment alongwith all other consequential benefits as per the law laid down in various judgments of Hon'ble Apex Court, Principal Division Bench Single and Single Bench of this Hon'ble Court in the interest of justice.

b) That the respondents may kindly be directed to grant benefits of earned leaves to the petitioners during the contract service period."

3. According to the petitioners, the legal issue

involved in the cases has already been adjudicated upon. The

grievance of the petitioners is that their respective

representations 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 in-definitely 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

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, these writ petitions are disposed

of by directing respondents/competent authority to consider

and decide the respective 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.

The writ petitions stand disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

Jyotsna Rewal Dua 4 November, 2024 th Judge (Pardeep)