Durga Singh vs Principal Secretary & Ors
2024 Latest Caselaw 15612 HP

Himachal Pradesh High Court

Durga Singh vs Principal Secretary & Ors on 24 October, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP Nos. 11864 & 11905/2024 Decided on: 24.10.2024 CWP No. 11864/2024

Durga Singh ...Petitioner

Versus

Principal Secretary & Ors. ....Respondents.

CWP No. 11905/2024

Pano Devi & Ors.                                                   ...Petitioner

                             Versus

Principal Secretary & Ors.                                      ....Respondents.

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

Whether approved for reporting?1 For the petitioner(s): Mr. Pawanish K. Shukla, 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.

2. The writ petitions have been filed for the grant of

following substantive relief:-

"(i) That a writ in the nature of mandamus or any other appropriate writ, order or directions may kindly be issued directing the

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

respondents to decide the representations (Annexure P-5) & (Annexure P-7), in view of the judgment rendered by the Hon'ble High Court in case titled Satya Devi Vs.State of H.P. (Annexure P-

4) with all consequential benefits incidental thereof.

(ii) That, a writ in the nature of mandamus or any other appropriate writ, order or directions may kindly be issued and directing the respondent department that two years period (58 to 60) may kindly be treated as regular period of service as a Class IV employee for all the consequential benefits as per the mandate of service jurisprudence."

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 15.06.2024

(Annexure P-5) & 15.07.2024 (Annexure P-7) 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)