Vijay Kumar vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Mr. Amandeep Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

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

“I. Issue a writ of Mandamus directing respondents to regularize the services of the petitioner with effect from the date of his initial engagement/appointment with all consequential benefits on the principle of equality as he got appointment after following complete recruitment process by the Erstwhile Himachal Pradesh Subordinate Service Selection Board Hamirpur under same requisition of seats as per un-amended Rules.

II. Issue a writ of Mandamus directing the respondents to release the entire consequential benefits along with interest @ 9% per annum from the date of his initial appointment to till the date of realization.

III. Issue a writ of Mandamus directing the respondents to extend the same and similar benefits as has been extended to Ms Rakhi (LT), Mr Tej Ram (LT) & Anju Devi, Manju Devi who were recruited through batch wise quota under the same requisition.”

According to the petitioner, the legal issue involved in the case has already been adjudicated upon. The grievance of the petitioner is that his representation dated 22.11.2024 (Annexure P-12) has still not been decided by the respondents/competent authority.

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.

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 petitioner dated 22.11.2024 (Annexure P-12) in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioner.

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