Hari Om Sharma & Anr. v. State of Himachal Pradesh & Anr.

… Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Rupesh Kumar, Proxy Counsel vice Mr. Adarsh K. Vashista, Advocate. For the Respondents: Mr. Ravi Chauhan and Ms. Santosh Dogra, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioners have prayed for following main relief:-

That the respondents may very kindly be directed to grant the benefit of Assured Career Progression Scheme in favour of the effect of enhancement allowed on account of implementation of 5th the petitioner by ignoring CPC and the pay of the petitioner may kindly be further ordered to be fixed accordingly in 6 CPC from the due date alongwith arrears and interest, in the interest of justice.

Before the reply could be received on behalf of the respondents, learned proxy counsel representing the petitioners, on instructions, states that his clients would be content and satisfied in 1Whether the reporters of the local papers may be allowed to see the judgment? 2 case their pending representation dated 12.09.2024 (Annexure P-7 ) is considered and decided by the competent authority in light of judgment rendered by Division Bench of this Court in CWPOA No.5536 of 2020 titled as Sanjay Kumar vs. State of Himachal Pradesh and others alongwith connected matters, in a time bound manner.

Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General, who while accepting notice on behalf of the respondents, fairly states that pending representation, if any, filed by the petitioners shall be decided expeditiously in accordance with law.

Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation dated 12.09.2024 (Annexure P-7 ) of the petitioners expeditiously, preferably within a period of eight weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon taking note of the judgment rendered by Division Bench of 3 this Court in Sanjay Kumar case (supra), wherein issue otherwise sought to be decided in the instant proceedings already stands adjudicated. Liberty is reserved to the petitioners to file appropriate proceedings in appropriate court of law, if they still remain aggrieved. Pending applications, if any, also stand disposed of. p March 19,2025 (shankar) (Sandeep Sharma), Judge