Dharam Singh & Ors vs State Of H.P. & Anr
2024 Latest Caselaw 17544 HP

Himachal Pradesh High Court

Dharam Singh & Ors vs State Of H.P. & Anr on 18 November, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 13020/2024 Decided on: 18.11.2024 Dharam Singh & Ors. ...Petitioners

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

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

Whether approved for reporting?1

For the petitioners: Mr. Onkar Jairath, Advocate.

For the respondent(s): 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. The writ petition has been filed for the grant of following

substantive reliefs:-

"(i) That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to count the service rendered by the Petitioners on contract basis i.e. w.e.f. August 2012 to May 2017, as qualifying service for the purpose of increments and pensionary benefits and Death Cum Retirement Gratuity and commuted value of pension as well as leave encashment, other retiral benefits under Central Civil Services Pension Rules 1972.

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

(ii) That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to grant benefit of earned leave to the petitioner from the due date of appointment on contract basis the petitioner cannot be deprived from getting the benefit of earned leave."

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 02.05.2024 (Annexure

P-6) 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 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.

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 18th November, 2024(rohit)