Himachal Pradesh High Court
Kiran Bala & Ors vs State Of H.P. & Ors on 28 October, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 11522/2024
Decided on: 28.10.2024
Kiran Bala & Ors. ...Petitioners
Versus
State of H.P. & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Yogesh Kumar Chandel,
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:-
"(i) That the writ in the nature of mandamus may kindly be issued
to the respondent department by directing them to grant seniority
to the petitioners, by counting the entire service rendered by the
petitioners on contract basis in the cadre of Lecturers (School
New) from the date of their initial contract appointment, with all
consequential benefits.
(ii) That further mandamus may kindly be issued to the respondet
department by directing the respondent department to count, the
entire contract service of the petitioners, for the purpose of annual
increments, re-fixation of pay, arrears of pay on that account,
Whether reporters of the local papers may be allowed to see the judgment?
counting of contract service for pension and all others permissible
consequential service benefits."
3. According to the petitioners, the legal issue involved in
the case has already been adjudicated upon. The grievance of the
petitioners is that their representations dated 18.08.2024 (Annexure
P-4 colly) 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 petition is 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
28th October, 2024(rohit)
