CWP/10883/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.10883 of 2023

Decided on: 29th December, 2023 _______________________________________________________

Vikram Kumar and others

....Petitioners

Versus

State of Himachal Pradesh & others. ….Respondents

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?

For the petitioner : Mr. Jeevan Kumar vice Mr. Avneesh Bhardwaj, Advocate.

For the respondents : Mr. Ravi Chauhan, Deputy

Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Ravi Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from

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

the pleadings.

3. The petitioners have come up before this Court with the following prayer(s):- “(i). that appropriate writ in the nature of mandamus or any other appropriate writ orders or directions may very kindly be issued to the respondents directing them to decide the representations sent by the petitioners i.e. Annexure P-2 (Colly) in time bound manner and consider their cases for step up their pay and due date as per notification dated 10.02.2022 issued by the finance department of the State Government i.e. Annexure P-1. Relief sought by the petitioners is squarely covered by the facts as well as law laid down by the Hon’ble Court in judgement dated 9.10.2023 delivered by the Hon’ble Court in CWP No. 1747/2023 titled as Dinesh Kumar Sharma and others versus State of H.P. and others i.e., Annexure P-4.

ii). That appropriate order or direction may very kindly be issued to respondents directing them to grant petitioners full arrears of pay alongwith interest to the tune of 9% per annum till realization.”

4. In the background of the prayer so made

learned counsel Mr. Jeevan Kumar, Advocate, on instructions of the original counsel submits that he shall be satisfied in case the respondents are directed to examine and decide the representation Annexure P-2 (Colly) in a time bound manner. The prayer so made is not opposed by the State Counsel also.

5. In view of the prayer so made by the learned counsel for the petitioner this Court dispose of the writ petition by directing the Respondents No.3 Commandant 4th Indian Reserve Battalion, Jangalberi, Hamirpur, District Hamirpur to examine/consider the representation Annexure P-2 (Colly) as annexed with the writ petition and to pass appropriate orders in the matter within four weeks from today.

6. Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all questions of facts and law are left open.

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

(Ranjan Sharma) December 29, 2023

Judge

(tm)