Atma Ram Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Atma Ram Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent No.4/competent authority to decide the petitioner's representation in accordance with law within six weeks, take consequential action (including reference to respondent No.5 for release of benefits, if entitled), and communicate the decision to the petitioner.

Issue for consideration

Whether the petitioner is entitled to the benefits claimed in his representation dated 30.09.2023, which the competent authority was required to decide in accordance with law.

Court's answer

In view of the petitioner's age (72 years), the writ petition is disposed of by directing respondent No.4/competent authority to decide the petitioner's case presented through his representation dated 30.09.2023 in accordance with law within six weeks.

Ratio / Principle

If the petitioner is held entitled to the benefits claimed, consequential action, including reference to the office of respondent No.5 for release of benefits due to the petitioner, shall be taken within the same six-week period.

Key takeaways

The decision arrived at by the competent authority shall be communicated to the petitioner.ratio¶¶19

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (CWP No.5048 of 2025, decided 07.04.2025, Jyotsna Rewal Dua, J.): The 72-year-old petitioner had submitted a representation/legal notice dated 30.09.2023 seeking redressal of his grievances; the respondents replied on 03.11.2023 that several similar matters were pending and would be decided keeping in view the seniority of retirees, requiring 'adequate time'. Considering the petitioner's age, the Court disposed of the writ petition by directing respondent No.4/competent authority to decide the petitioner's case (as per his representation) in accordance with law within six weeks; if found entitled to the benefits claimed, consequential action — including reference to the office of respondent No.5 for release of benefits — was to be taken within the same period, and the decision was to be communicated to the petitioner. Pending miscellaneous applications, if any, also stood disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.5048 of 2025 Decided on: 7^th April, 2025

------------------------------------------------------------------------------------- Atma Ram …..Petitioner

Versus

State of H.P. and others

.....Respondents

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Mr. C.N. Singh, Dr. Nidhi Singh, Mr. Devender Sharma and Mr. Anshul Gandhi, Advocates. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.1 to 4. Mr. Tek Ram Sharma, Advocate, for respondent No.5. ------------------------------------------------------------------------------------

Jyotsna Rewal Dua, Judge

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

Advocate General and Mr. Tek Ram Sharma, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 4 and respondent No.5, respectively.

2. Petitioner preferred a representation/legal notice

to the respondents on 30.09.2023, seeking redressal of his grievances. Respondents furnished reply to the aforesaid legal notice on 03.11.2023 stating therein that there are

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

2

several such matters pending with the respondents and these matters would be decided keeping in view the seniority of retirees. That it will take ‘adequate time’ to settle down all these cases.

3. Keeping in view the age of the petitioner, who is 72 years old, this writ petition is disposed of by directing respondent No.4/competent authority to decide the case of the petitioner presented by him in his aforesaid representation in accordance with law within a period of six weeks from today. In case the petitioner is held entitled to the benefits claimed for by him, consequential action including reference to the office of respondent No.5 for release of benefits due to the petitioner shall also be taken within the aforesaid period. The decision so arrived at shall also be communicated to the petitioner.

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

Jyotsna Rewal Dua Judge

April 07, 2025 Mukesh