Devender Kumar vs State Of H.P. & Anr
2024 Latest Caselaw 17639 HP

Himachal Pradesh High Court

Devender Kumar 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

CWP No. 10594/2024 Decided on: 19.11.2024

Devender Kumar ...Petitioner

Versus

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

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

Whether approved for reporting?1

For the petitioner: Mr. Tara Chand Chauhan, Advocate vice Mr. Ajay Kumar Dhiman, 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). That the writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to extend the benefit of counting of contract service followed by regular service for seniority annual increments and pensionery benefits under CCS Rules (Pension) rules 1972 with all consequential benefits to the petitioner.

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

b) That the respondent may kindly be directed to give all the consequential benefit to the petitioners during the pendency of the present writ petition and decide annexure P- 4.

3. According to the petitioner, the legal issue involved in

the case has already been adjudicated upon. The grievance of the

petitioner is that his representation dated 20.05.2024 (Annexure P-4)

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)