Vibhor & Anr vs State Of H.P. & Anr
2024 Latest Caselaw 16572 HP

Himachal Pradesh High Court

Vibhor & Anr vs State Of H.P. & Anr on 6 November, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 12410/2024 Decided on: 06.11.2024

Vibhor & Anr. ...Petitioners

Versus

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

........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioners: Mr. Ashok Kumar Verma, Advocate.

For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General.

Jyotsna Rewal Dua , J

Notice. Mr. Y.P.S. Dhaulta, 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) Issue an appropriate writ, order or direction to the respondent deparment to count the service of petitioners rendered in contract basis for the purpose of seniority, pension, annual increment, earned leave, career progression scheme alongwith all other consequential benefits from the date of initial appointment on contract basis in the interest of justice.

Whether reporters of the local papers may be allowed to see the judgment?

b) That the respondents may kindly be directed to decide the representations dated 15.07.2024 & 18.07.2024 (Annexure P-3 (colly) of petitioners within time bound manner."

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 representations dated 15.07.2024 &

18.07.2024 (Annexure P-3 colly) 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

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.

5. In view of above, the instant petition is disposed of by

directing respondents/competent authority to consider and decide the

aforesaid 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. Pending miscellaneous

application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge 06th November, 2024(rohit)