Citation : 2025 Latest Caselaw 618 HP
Judgement Date : 8 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3990 & 3992 of 2025 Decided on: 8th May, 2025 _________________________________________________________________
1. CWP No.3990 of 2025
Atma Ram Sharma ....Petitioner
Versus State of H.P. & Ors. ...Respondents _________________________________________________________________
2. CWP No.3992 of 2025
Sher Singh Chauhan ....Petitioner
Versus State of H.P. & Ors. ...Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?
_________________________________________________________________ For the petitioners: Ms. Anchal Sharma, Advocate vice Mr. Hamender Singh Chandel Advocate.
For the respondents: Mr. Y.P.S. Dhaulta, Additional 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 in both the petitions.
Whether reporters of Local Papers may be allowed to see the judgment? yes
2. These writ petitions have been filed for grant of
almost common relief, which has been extracted from CWP
No. 3990 of 2025:-
"i) That the petitioner may held entitled to the similar relief and orders as passed by this Hon'ble Court in judgment dated 7.7.2023 passed in CWP No. 2500 of 2021 titled Ranjit Singh Vs State of H.P.
ii) That the letter dated 27.11.2014, Annexure P-4, and office order dated 22.7.2021, Annexure P-5, have already been held to be illegal vide judgment dated 7.7.2023 passed in CWP No. 2500 of 2021 and hence the petitioner may be held entitled the benefit of notification dated 27.09.2012, Annexure P-3, with all the consequential benefits"
3. According to the petitioners, the legal issue
involved in the cases has already been adjudicated upon. The
grievance of the petitioners is that their respective
representations dated 04.12.2024 (Annexure P-6), 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 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 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, also
to stand disposed of.
Jyotsna Rewal Dua Judge May 8, 2025 R.Atal
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