Pramod Kumar vs State Of H.P. & Ors
2025 Latest Caselaw 574 HP

Himachal Pradesh High Court

Pramod Kumar vs State Of H.P. & Ors on 7 May, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3902 of 2025 Date of decision: 07.05.2025 Pramod Kumar. ...Petitioner.

Versus State of H.P. & Ors. ...Respondents.

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?

For the petitioner : Mr. Pranav Kaushal, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General.

Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, Additional Advocate

General, appears and waives service of notice on behalf of

the respondents.

2. This writ petition has been filed for the grant of

following substantive relief:-

"i). That the writ in the nature of mandamus or any other directions may kindly be issued, to the respondents to grant the benefits on completion of 9 years of regular service w.e.f. 01.01.2016 with all consequential benefits in terms of the notificationdated 09.08.2012 & instructions dated 07.07.2014 & 09.09.2014 in view of the law laid down by this Hon'ble Court in Sanjay Kumar Supra.

ii. That Writ in the nature of mandamus or any other appropriate writ order or directions may be issued to

1Whether reporters of Local Papers may be allowed to see the judgment? Yes

directing the Respondents to also pay the consequential benefits on completion of 9 years of service alongwith interest @9% per annum."

3. According to the petitioner, the legal issue

involved in the case has already been adjudicated upon. The

grievance of the petitioner is that his representation

(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 their

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 representation 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.

The writ petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

                                       Jyotsna Rewal Dua
7thMay, 2025                                Judge
(Pardeep)