State of Hp Vs Usha Devi — Himachal Pradesh HC (2025) — LawSathi Research

State of Hp Vs Usha Devi — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants; appeal dismissed with no costs imposed (lenient view), and pending application(s), if any, stand disposed of.

Issue for consideration

Whether the State's appeal against the Single Judge's direction to pay grant-in-aid from the date of appointment (on parity with Villam Singh) has any merit, the identical issue having already attained finality in LPA No.53 of 2018 and SLP No.19103 of 2019.

Court's answer

The issue involved in the present appeal is no longer res integra, the State's earlier appeal (LPA No.53 of 2018) and the ensuing SLP No.19103 of 2019 in the identical Villam Singh matter having already been dismissed.

Ratio / Principle

The appeal has no merit and is dismissed.

Key takeaways

The State's conduct in preferring appeals despite dismissal of its similar appeals in identical matters is not in consonance with the Litigation Policy adopted by the State of HP and wastes the time and energy of the State as well as the Court; though such conduct may invite imposition of cost, taking a lenient view no cost is imposed.obiter¶14

Detailed headnote1 paragraphs

Letters Patent Appeal — State of Himachal Pradesh v. Usha Devi — Division Bench (Vivek Singh Thakur and Ranjan Sharma, JJ.) dismisses the State's appeal against the learned Single Judge's judgment dated 02.07.2024 in CWP No.705 of 2020, whereby, on finding similarity with Villam Singh (CWP No.2467 of 2015, decided 07.04.2016), the respondents were directed to pay grant-in-aid in accordance with law from the date of appointment. The State's earlier LPA No.53 of 2018 in the Villam Singh matter was dismissed by the Division Bench on 26.11.2018, and SLP No.19103 of 2019 against it was dismissed by the Supreme Court on 09.08.2019; the issue therefore being no longer res integra, the appeal was dismissed. The Court recorded that the State's continued filing of similar appeals in identical matters is not in consonance with the Litigation Policy adopted by the State of HP and wastes the time and energy of the State and the Court; though such conduct may invite costs, a lenient view was taken and no costs were imposed. An identical LPA No.122 of 2025 (State v. Hans Raj & Another) had already been dismissed vide judgment dated 27.03.2025. Pending application(s), if any, stand disposed of.

2025:HHC:18531

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

LPA No.298 of 2025 Decided on: 17.06.2025 __________________________________________________________ State of Himachal Pradesh and others .....Appellants Versus Usha Devi and another ……Respondents Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting?

For the appellants:	Mr. Gobind Korla, Additional Advocate General.
For the respondents:	Mr. Sat Prakash, Advocate, for respondent No.1.
	None for respondent No.2.

Vivek Singh Thakur, Judge [Oral]

The present appeal has been preferred against the judgment dated 02.07.2024 passed by learned Single Judge in CWP No.705 of 2020 titled as Usha Devi Versus State of Himachal Pradesh and others. Finding similarity of the petitioner Villam Singh in CWP No.2467 of 2015 titled as Villam Singh Versus State of H.P. & Ors., decided on 07.04.2016, respondents have been directed to pay to the petitioner grant-in-aid in accordance with law from the date of his appointment.

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

2025:HHC:18531

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2. It is apt to record that LPA No.53 of 2018, titled as State of Himachal Pradesh & Ors. Versus Villam Singh preferred by the State against judgment in Villam Singh’s case [supra], was dismissed by the Division Bench of this High Court on 26.11.2018. SLP No.19103 of 2019, preferred by the State against the judgment passed in LPA No.53 of 2018 also stands dismissed by Supreme Court on 09.08.2019.

3. The issue involved in the present petition is no longer res integra.

4. In view of above, we do not find any merit in the appeal and appeal is dismissed.

5. We consider it fit to record that State is preferring the appeals despite dismissal of their similar appeals in identical matters. Such conduct is not in consonance with the Litigation Policy adopted by the State of HP which is causing wasting the time and energy of the State as well as the Court. It may invite imposing cost but taking lenient view, no cost is being imposed.

6. An identical Letters Patent Appeal, i.e. LPA bearing No.122 of 2025, titled as State of Himachal Pradesh & Others Versus Hans Raj &

2025:HHC:18531

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Another, has also been dismissed by this Court,

vide judgment dated 27.03.2025.

7. Pending application(s), if any, shall also stand disposed of.

(Vivek Singh Thakur) Judge

(Ranjan Sharma) Judge

June 17, 2025 [Bhardwaj]