Citation : 2024 Latest Caselaw 15610 HP
Judgement Date : 24 October, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP Nos. 11866 & 11918/2024 Decided on: 24.10.2024 CWP No. 11866/2024
Inder Singh & Ors. ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
CWP No. 11918/2024
Joginder Singh & Ors. ...Petitioner
Versus
State of H.P. & Anr. ....Respondents.
........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioner(s): Mr. Vinod Chauhan, Advocate,
For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General.
Jyotsna Rewal Dua , J
Mr. Y.P.S. Dhaulta, learned Additional Advocate
General, accepts notice on behalf of the respondents.
With the consent of learned counsel for the parties, the
matters are heard at this stage.
Whether reporters of the local papers may be allowed to see the judgment?
2. The writ petitions have been filed for the grant of
following substantive relief:-
"(i) That the respondents may very kindly be directed to count the services of the petitioners rendered on contract basis for the purpose of seniority, promotion and for all other consequential financial benefits from the date of their initial appointment in terms of the judgment passed by Hon'ble Apex Court in Direct Recruit Cases as well as by this Hon'ble Court in Taj Mohammad in CWP No.2004/2017 as well as the CWPOA No.3282/2019 i.e. Dr. Ranjit Singh Thakur and Ors. Vs. State of H.P."
3. According to the petitioners, the legal issue involved in
the case has already been adjudicated upon. The grievances of the
petitioners are that their representations dated 10.05.2024 (Annexure
P-4) & 10.05.2024 (Annexure P-4) respectively, 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 in-definitely 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 petitions are 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 24th October, 2024(rohit)
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