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