Partly allowed

Chaman Lal v. State of Hp and Others

Himachal Pradesh HC6 Dec 2024CWP/2382/2024

Case brief

AI extract

What is this about?

This single-judge writ petition sought mandamus for counting contract service for pensions and equal pay. The court, noting an outstanding representation, disposed of the case by directing the authority to decide that representation within six weeks.

What did the court decide?

Respondents directed to decide petitioner's representation dated 28.10.2023 within six weeks from the date of the order.

Chaman Lal Vs State of Hp and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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2024:HHC:13513

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.2382 of 2024

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Decided on: 6^th December, 2024

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------------------------------------------------------------------------------------- Chaman Lal …..Petitioner

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Versus

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State of H.P. and others

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.....Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. Sanjay Bhardwaj, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge

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Even though reply has not been filed by the respondents, however, with the consent of learned counsel for the parties, the matter is heard at this stage.

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2. This writ petition has been filed for the grant of following substantive reliefs:-

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“i) That a writ in the nature of mandamus may kindly be issued directing the respondents to count the entire period of service rendered by the petitioner on contract basis w.e.f. 01.12.1997 for the purpose of annual increments, seniority and further after his retirement, the period from his initial date of engagement as Music Teacher on contract basis till date of his superannuation on 30.04.2022 may be ordered to be counted for calculated the pension under CCS (Pension) Rules,

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2024:HHC:13513

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1972, gratuity, leave encashment etc. and justice be done;

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ii) That a writ in the nature of mandamus may kindly be issued directing the respondents to pay the difference of the pay scale of regular Music Teacher and the contract Music Teacher granted to the petitioner alongwith interest @ 9% per annum w.e.f. 01.12.1997 till actual payment.”

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3. According to the petitioner, the legal issue

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involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 28.10.2023 (Annexure P-3) has 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 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.

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2024:HHC:13513

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5 . In view of the above, this writ petition is

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disposed of by directing the respondents/competent authority to consider and decide the aforesaid representation of the petitioner dated 28.10.2023 (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.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if

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any.

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Jyotsna Rewal Dua December 06, 2024 Judge Mukesh

Chaman Lal v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Chaman Lal v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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