Citation : 2025 Latest Caselaw 778 HP
Judgement Date : 13 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7804 of 2025 Decided on: 13th May, 2025 _________________________________________________________________ Anjna Sharma ....Petitioner
Versus State of H.P. & Ors. ...Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?
_________________________________________________________________ For the petitioner: Mr. Vaibhav Tanwar, Advocate.
For the respondents: Mr. L.N.Sharma, Additional Advocate General.
Jyotsna Rewal Dua, Judge
Notice. Mr. L.N.Sharma, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents.
2. This writ petition has been filed for grant of
following substantive reliefs:-
"1. That a writ of mandamus may kindly be issued directing the respondents to grant to the petitioner the benefit of higher stage of pay of Rs. 40100/- from the date the petitioner has completed two years of regular service i.e.
Whether reporters of Local Papers may be allowed to see the judgment? yes
17.01.2024 as per the judgment passed by the Hon'ble Court in CWP No. 1638/2024 titled Mohit Sharma versus State of H.P & others. Further direct the respondents to release to the petitioners all the consequential benefits along with arrears at the rate of 9% per annum.
2. That the respondents may also be directed to release the arrears of pay after fixing the pay of the petitioner at Rs. 40100/- w.e.f the date the petitioner completed two years of regular service i.e. 17.01.2024 along with 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 her representation dated
17.04.2025 (Annexure P-2), 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 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 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.
Pending miscellaneous application(s), if any, also
to stand disposed of.
Jyotsna Rewal Dua Judge May 13, 2025 R.Atal
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