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

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

What the court decided

AI extract

Outcome

Direction to the respondents/competent authority to consider and decide the petitioners' representation dated 23.12.2024 (Annexure P-2) in accordance with law within six weeks, and to communicate the decision so arrived at to the petitioners; merits were not examined.

Issue for consideration

Whether respondent No.2 should be directed to release service benefits, namely gratuity, leave encashment and other retiral dues calculated from the year 2002, in a time-bound manner; and, as narrowed before the Court, whether the competent authority should be directed to decide the petitioners' representation dated 23.12.2024 (Annexure P-2) within a fixed time schedule.

Court's answer

Without examining the merits of the matter, the Court disposed of the writ petition with a direction to the respondents/competent authority to consider and decide the petitioners' representation dated 23.12.2024 (Annexure P-2) in accordance with law within six weeks from the date of the order.

Ratio / Principle

The decision arrived at on the representation shall also be communicated to the petitioners.

Key takeaways

The pending miscellaneous application(s), if any, were likewise disposed of along with the writ petition.ratio¶24

Detailed headnote1 paragraphs

Writ Petition (CWP No.7426 of 2025), High Court of Himachal Pradesh, Shimla (Jyotsna Rewal Dua, J.), decided 6th May, 2025: Petitioners (Saroj Bala and others) sought a direction to respondent No.2 to release gratuity, leave encashment and other retiral dues calculated from the year 2002 in a time-bound manner. Their representation dated 23.12.2024 (Annexure P-2) was pending before the competent authority. With the Additional Advocate General not averse, and without examining the merits, the Court disposed of the petition, directing the respondents/competent authority to consider and decide the representation in accordance with law within six weeks and to communicate the decision to the petitioners; pending miscellaneous application(s), if any, also stood disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7426 of 2025

Decided on: 6^th May, 2025

------------------------------------------------------------------------------------- Saroj Bala and others …..Petitioners

Versus

State of H.P. and others .....Respondents

------------------------------------------------------------------------------------Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioners: Mr. P.K. Verma, Advocate vice Mr. Kulbhushan Khajuria, 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. With the consent of learned counsel for the parties, the matter is heard at this stage.

3. The writ petition has been filed for the grant of following substantive relief:-

“i. That the respondent No.2 may kindly be directed to release the service benefits like Gratuity, leave encashment and other retiral dues calculated from the year 2002 in a time bound manner.”

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

2

4. Learned vice counsel appearing for the

petitioners submits that the petitioners have represented to the respondents vide Annexure P-2, dated 23.12.2024, however, the competent authority has till date not taken any call on the aforesaid representation. Learned vice counsel further submits that the petitioners would be content in case the respondents/competent authority(s) are directed to decide the aforesaid representation within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

5. Having regard to the afore-submissions, but

without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the aforesaid representation of the petitioners dated 23.12.2024 (Annexure P-2) in accordance with law within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

The writ petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua Judge

May 06, 2025 Mukesh