Himachal Pradesh High Court
_________________________________________________________________ vs State Of H.P. & Ors on 22 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.13416 of 2024
Decided on: 22nd November, 2024
_________________________________________________________________
Bimla Devi ....Petitioner
Versus
State of H.P. & Ors. ...Respondents
_________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
_________________________________________________________________
For the petitioner: Mr. Tarun K. 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.
2. This writ petition has been filed for grant of
following substantive reliefs: -
"(i) That appropriate writ order or direction be issued
to respondents to regularize the service of
petitioner from 01.01.2003 or completion of 5
years service as Nursery Trained Teacher
Whether reporters of Local Papers may be allowed to see the judgment? yes
instead of 01.04.2006 and grant all service
benefits regarding pay scales, annual
increments, pay fixation, gratuity and all other
consequential and incidental service benefits
including arrears on them along with interest
from due date i.c. 01.01.2003.
ii. That appropriate writ, order or direction be
issued to respondent to give benefit of General
Provident Fund Scheme to petitioners from due
date i.e. 01.02.2003 Petitioner is appointed prior
to 15.05.2003. The Contributory Pension Scheme
has been introduced by State Government for its
new appointees appointed on or after
15.05.2003. Even after 15.05.2003 petitioner
was hot given benefit of Contributory Pension
Scheme till regularization of her services on
01.04.2006.Respondents were required to
regularize the service of petitioner on
01.01.2003. If delay in their regularization was
not done by respondents she would come under
old pension scheme. Now she cannot be allowed
to suffer for delay in regularization.
(ii) That any appropriate writ order or direction be
issued to respondents to count period of contract
services rendered by petitioner for the purpose of
qualifying service period for grant of regular
pension as per old pattern.
Iv that writ of mandamus may kindly be issued
whereby respondents may kindly be directed to
pay the arrears of the consequential benefits
along with 9% interest per annum from the due
date till the date of realization."
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 representations dated
06.08.2021 and 14.08.2024 (Annexure P-5) 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 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.
5. In view of the above, this writ petition is disposed
of by directing the respondents/competent authority to
consider and decide the aforesaid representations dated
06.08.2021 and 14.08.2024 (Annexure P-5) 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, also
to stand disposed of.
Jyotsna Rewal Dua
Judge
November 22, 2024
R.Atal
