Himachal Pradesh High Court
Hem Raj Verma & Ors vs State Of H.P. & Anr on 22 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.13398 of 2024 and
connected matters
Decided on: 22nd November, 2024
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1. CWP No. 13398 of 2024
Hem Raj Verma & Ors ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
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2. CWP No. 13403 of 2024
Sunil Kumar& Ors ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
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3. CWP No. 13402 of 2024
Arvind Kumar & Ors ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
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Devi Chand Thakur & Ors ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
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Rita Kashyap & Ors ....Petitioners
Versus
State of H.P. & Anr. ...Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
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For the petitioners: Mr. Parav Sharma, Advocate.
For the respondents: Mr. Y.P.S.Dhaulta, Mr. L.N.Sharma,
Additional Advocates General with
Ms Leena Guleria, Deputy Advocate
General.
Jyotsna Rewal Dua, Judge
Notice. Mr. Y. P. S. Dhaulta, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents in all the above petitions.
2. Learned counsel for the petitioners submits that
CWP No. 13398 of 2024, be treated to have been filed on
behalf of petitioners No. 1 to 20 and 22. That petitioner No.21
be permitted to file separate writ petition. Prayer is accepted.
This CWP No. 13398 of 2024 is treated to have been filed by
petitioners No.1 to 20 and 22. Petitioner No.21 is permitted to
file separate writ petition.
3. These writ petitions have been filed for grant of
following common substantive reliefs: -
"(i) That petitioners may kindly be held entitled for
Whether reporters of Local Papers may be allowed to see the judgment? yes
benefit of ACP Scheme of 4,9,14 years of service
by giving them financial
enhancements/upgradations for their stagnation
in the cadre of Lecturers for 4,9 and 14 years of
service w.e.f. due date with all consequential
benefits.
(ii) That after the grant of benefit of 4,9, and 14
years of service as per their entitlement in the
higher pay scale in the hierarchy for having
stagnated in the same cadre of Lecturers, School
Cadre, the arrears accrued thereunder may
kindly be ordered to be released alongwith
interest, in the interest of justice."
4. According to the petitioners, the legal issue
involved in the cases has already been adjudicated upon. The
grievance of the petitioners is that their representations,
annexed with the respective writ petitions, have still not been
decided by the respondents/competent authority.
5. 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.
6. In view of the above, this writ petition is disposed
of by directing the respondents/competent authority to
consider and decide the 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, also
to stand disposed of.
Jyotsna Rewal Dua
Judge
November 22, 2024
R.Atal
