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2023 DAILYLAW 640 (HP)

Bimla Devi v. CSKHPKV

/6182/2020 · 2026-02-24

Jiya Lal Bhardwaj

body2023

Judgment text

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( 2023:HHC:13446 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPOA No.6182 of 2020 Decided on: 24th February, 2026 Bimla Devi .......Petitioner versus Choudhary Sarwan Kumar H.P. Krishi Vishav Vidhalaya and another ...Respondents Coram The Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the petitioner: Mr. Arun Rana, Advocate. For the respondents: Mr. Prince Chauhan, Advocate for respondent No.1. Mr. Sikander Bhushan, Deputy Advocate General for respondent No.2. Jiya Lal Bhardwaj, Judge (Oral) The petitioner, by way of present writ petition, is claiming the relief that the respondents may be directed to confer/provide work charge status to her on the post of Beldar (wrongly written as Chowkidar) w.e.f. 01.02.2002 along-with all consequential benefits. 2. It has been pleaded in the petition that the petitioner was engaged as Beldar on daily wage basis in the year, 1993. The petitioner had completed 240 days in each 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2023:HHC:13446 ) 2 calendar year and despite completion of eight years of service on daily wage basis, she was not conferred with work charge status. As per pleadings, the petitioner had completed 8 years of service with 240 days in each calendar year as on 31.12.2001. 3. The respondent-University had filed reply to the writ petition and submitted that the University had decided to bring only the skilled/Class-III daily paid labourer on work charge status as per Government policy notified on 08.07.1999 and since the petitioner was neither skilled worker nor holding Class-III post on daily wage basis in the respondent-University, her claim for conferring work charge status w.e.f. 01.01.2002 is not maintainable. It has further been submitted that there is no work charge establishment with the respondent-University. 4. Learned counsel for the petitioner has argued that the issue raised in the instant petition is covered by the decision rendered in O.A (D) No. 404 of 2018, titled, Sarwan Kumar vs. Chaudhary Sarwan Kumar Krishi Vishvidyalaya, Palampur, decided on 20.03.2019 as affirmed in CWP No. 1396 of 2019, titled, Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvidyalaya ( 2023:HHC:13446 ) 3 vs. Sarwan Kumar decided on 12.01.2023 under the lead case State of HP and others vs. Surajmani and another. 5. Learned counsel representing the respondent- University has fairly conceded before this Court that the issue is covered by the judgment in Civil Appeal No.1595 of 2025, titled, State of H.P. and others vs. Surajmani and another. 6. Since the issue raised in the present writ petition is covered by the dictum of the Hon’ble Apex Court in Surajmani’s case, the respondents are directed to confer the work charge status upon the petitioner immediately on completion of eight years service with 240 days in each calendar year with all consequential benefits. Needless to say that the arrears, if any, will be given to the petitioner in terms of the decision in Surajmani’s case (supra) within a period of three months from today. 7. The writ petition is disposed of in the aforesaid terms, so also the pending applications, if any. ( Jiya Lal Bhardwaj ) February 24, 2026 Judge (naveen)