Disposed

Sahil and Another v. the State of Hp and Others

Himachal Pradesh HC16 Dec 2024CWP/15303/2024

Case brief

AI extract

What is this about?

This judgment disposed of three connected writ petitions filed by employees seeking benefits based on contract service tenure. The court directed the competent authority to decide the petitioners' representations filed on 18.10.2024 within six weeks to avoid unnecessary litigation.

What did the court decide?

Direction to the respondents/competent authority to consider and decide the respective representations dated 18.10.2024 within six weeks from the date of the order.

Sahil and Another Vs the State of Hp and… — Service and Employment | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 15290/2024 alongwith connected matters Decided on: 16.12.2024

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1 CWP No. 15290/2024 Mohit Sahgal …Petitioner Versus State of H.P. & Anr. .…Respondents.

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2 CWP No. 15303/2024 Sahil & Anr. …Petitioners Versus State of H.P. & Ors. .…Respondents. 3 CWP No. 15305/2024 Suresh Singh …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram

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Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

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For the petitioner(s): Mr. Ajay Thakur, Advocate. For the respondent(s): Mr. Y.P.S. Dhaulta, Additional Advocate General.

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Jyotsna Rewal Dua , J

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Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate

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General, accepts notice on behalf of the respondents.

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

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

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following substantive reliefs:-

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“ a) That this Hon’ble Court may kindly issue a writ of mandamus directing the respondents to count the entire service rendered on a contract basis from the initial appointment date for increments, seniority, pension, pay scale, and other benefits, from the date of regularization.

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b) That this Hon’ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to revise/redraw the seniority list for clerk to include the entire service rendered on a contract basis from the initial appointment date for all benefits.”

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3. According to the petitioners, the legal issue involved in

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the cases has already been adjudicated upon. The grievance of the petitioners is that their respective representations dated 18.10.2024 at Annexure P-3 have still not been decided by the respondents/competent authority.

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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 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

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otherwise avoidable increase to the Court docket on unproductive government induced litigation.

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5 . In view of above, the instant petition is disposed of by directing respondents/competent authority to consider and decide the respective representations dated 18.10.2024 of the petitioner(s) at Annexure P-3, in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner(s). Pending miscellaneous application(s), if any, shall also stand disposed of.

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Jyotsna Rewal Dua Judge

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16^th December, 2024(rohit)

Sahil and Another v. the State of Hp and Others

Case brief

What is this about?

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Sahil and Another v. the State of Hp and Others

Case brief

What is this about?

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