IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3831 of 2022 Decided on : 17.06.2026 Jai Singh …Petitioner Versus The State of Himachal Pradesh & others ..Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Lokesh Thakur, Advocate vice Mr. G.R. Palsra, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- “(i). That the respondents may kindly be directed to regularize the services of the petitioner after completion of 8 years of continuous services by issuing a writ of mandamus. (ii) That the respondents may kindly be directed to pay the arrear of salary along with interest @ 12% per annum after 05.11.2009 when the services of the junior persons to the petitioner were regularized by issuing a writ of mandamus. (iii) That the respondent department may kindly be directed to give continuity in service and seniority from 22.05.1998 by issuing a writ of mandamus.” 1Whether reporters of the local papers may be allowed to see the judgment? 2. 2. Record demonstrates that the services of the petitioner were terminated w.e.f. 13.08.2000 by the Department, which termination was assailed by the petitioner by raising an industrial dispute. The reference made by the appropriate Government culminated into an award dated 31.08.2010 passed by the learned Labour Court, copy whereof, is appended with the petition as Annexure P-1. In terms of this award, the reference was answered by the learned Labour Court as under :- “For the foregoing reasons discussed hereinabove supra, the reference is allowed. The termination of the petitioner is set aside and quashed. He is ordered to be re-engaged forthwith. The petitioner shall be entitled to continuity in service and seniority from the date of his illegal termination, though except back ages. The reference is answered accordingly. A copy of this award be sent to the appropriate Govt. for publication in the official gazette and the file after completion consigned to the record room.” 3. Thereafter, vide Annexure P-3, the services of the petitioner were regularized as a Chowkidar on 24.04.2013 prospectively and now by way of the present writ petition, which was filed in the year 2022, the petitioner has approached the Court, praying for issuance of a direction to the Department to regularize his services after completion of 8 years of service as a Daily wager. 4. Having heard learned counsel for the petitioner as also learned Additional Advocate General, this Court is of the considered view 3. that in the light of the stand taken by the Department in its reply, said relief cannot be granted to the petitioner. However, though the prayer for conferment of work charge status has not been made in the petition by the petitioner but he indeed is entitled for the conferment of work charge status after completion of 8 years of daily wage service. 5. Learned counsel for the petitioner was asked to have instructions from the petitioner as to whether the petitioner would be satisfied in case this Court directs the authorities to confirm work charge status upon the petitioner on completion of 8 years of service w.e.f 31.03.2008, which is the date mentioned in Annexure P-3 in terms whereof, as per the Department, the petitioner had completed 8 years of service with requisite number of days as a daily wager. 6. Learned counsel for the petitioner on instructions submitted that the petitioner would be satisfied in case such direction is given. Accordingly, this petition is disposed of with the direction that the petitioner be conferred the work charge status from the due date with consequential benefits but the consequential benefits shall be strictly in terms of the judgment passed by the Hon’ble Supreme Court of India in Surajmani’s case. With these observations, the petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 17, 2026 (meera)