Disposed

Himachali Devi and Others v. the State of Hp and Others

Himachal Pradesh HC11 Dec 2024CWP/5726/2024

Case brief

AI extract

What is this about?

The Court directed the State authorities to decide the petitioners’ representation on annual increments and seniority within six weeks, noting that the legal principle is already settled and the State must avoid indefinite delays.

What did the court decide?

Directing the respondents/competent authority to consider and decide the petitioners' representation on increments and seniority within six weeks from today.

Himachali Devi and Others Vs the… — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.5726 of 2024

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Decided on: 11^th December, 2024

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_________________________________________________________________ Himachali Devi & Ors ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________

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Coram

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Ms. Justice Jyotsna Rewal Dua

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1 Whether approved for reporting?

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_________________________ For the petitioners:	________________________________________ Mr. Ashwni K. Sharma, Advocate.
For the respondents:	Mr. Sikandar Bhushan, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge

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Though the respondents have not filed reply, however, with the consent of learned counsel for the parties, matter is heard at this state.

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

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“ A. Writ of Mandamus be issued by directing the respondent authorities to give Anpual increments and seniority for contractual services rendered by the petitioners and all other consequential

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

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benefits arising therefrom, as the petitioner's were appointed against the vacant and sanctioned post of Female Health Workers in terms of Recruitment and Promotional Rules, dated 15-12-1998 and entire recruitment process was undertaken by Subordinate Service Selection Board, Hamirpur, H.P. and moreover, their case is squarely covered by the Judgment passed in CWP NO. 2004 of 2017 which has attained finality.”

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3. According to the petitioners, the legal issue

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involved in the case has already been adjudicated upon. The grievance of the petitioners is that their representation dated 05.06.2023 (Annexure P-10) has still not been decided by the respondents/competent authority.

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4. Once the legal principle involved in the

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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

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

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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 petitioners in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners.

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Pending miscellaneous application(s), if any, also to stand disposed of.

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Jyotsna Rewal Dua Judge

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December 11, 2024 R.Atal

Himachali Devi and Others v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

Himachali Devi and Others v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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