Shish Ram & Ors vs State Of H.P. & Anr
2024 Latest Caselaw 16442 HP

Himachal Pradesh High Court

Shish Ram & 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 No.11826 of 2024 Date of decision: 04.11.2024

Shish Ram & Ors. ...Petitioners.

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

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?

For the petitioners : Mr. A.K. Vashista, Advocate. For the respondents : Mr. L.N. Sharma and Mr. Dalip K. Sharma, Additional Advocates General, for the respondents.

Jyotsna Rewal Dua, Judge

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

General, appears and waives service of notice on behalf of

the respondents.

2. This writ petition has been filed for the grant of

following substantive reliefs:-

"i). That the Respondents may very kindly be directed to grant the benefit of Assured Career progression Scheme in favour of the petitioner by ignoring the effect of enhancement allowed on account of implementation of 5th CPC and the due and admissible financial up gradation/enhancement falling due in favour of the petitioners w.e.f. 01.10.2016, may kindly be allowed in favour of the petitioners along with interest and arrears, in the interest of justice."

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

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 representation dated

15.09.2024 (Annexure P-8) 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.

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

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 petition stands disposed of in the above

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

any.

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