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High Court of Himachal Pradesh · body

2025 DAILYLAW 10059 (HP)

VIJAY KUMAR v. STATE OF HP AND OTHERS

CWP/5937/2024 · 2025-05-05

Sandeep Sharma

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5937 of 2024 Date of Decision: 05.05.2025 _______________________________________________________ Vijay Kumar …….Petitioner Versus State of Himachal Pradesh and others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Mayank Sharma, Advocate vice Mr. Vipinder Roach, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main relief:- “(i) That in view of the above mentioned facts and circumstances, the respondent department may kindly be directed to regularize the services of the petitioner from the year 2006 instead of the 2008 and grant all due and consequential benefits to the petitioner including arrears, seniority etc. in the interest of justice and fairly play; (ii)That the respondents may also kindly be directed to count the daily wage services of the petitioner for the purpose of pensioner benefits”. 2. Before the case at hand could be heard and decided on its own merit, learned counsel representing the petitioner states that 1Whether the reporters of the local papers may be allowed to see the judgment? 2 his client would be content and satisfied in case directions are issued to the respondents to consider and decide the case of the petitioner in light of judgment dated 06.02.2025 passed by Hon'ble Apex Court in Civil Appeal No.1595 of 2025, titled State of Himachal Pradesh and others vs. Surajmani and others, wherein it has been reiterated that daily wage employee shall be entitled to work charge status on completion of eight years continuous service with a minimum of 240 days in each calendar year, in a time bound manner. Learned Additional Advocate General representing the respondents is not averse to aforesaid innocuous prayer made on behalf of the petitioner. 3. Having perused the averments contained in the petition as well as relief prayed therein vis-à-vis judgment sought to be relied upon, this Court finds that the issue raised in the instant petition already stands adjudicated by Division Bench of this Court as well as Hon'ble Apex Court and as such, no prejudice would be caused to either of the parties, if the respondents are directed to consider and decide the case of the petitioner in light of judgment supra. 4. Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in light of aforesaid judgment expeditiously, preferably within a period of four weeks. Needless to say, authority concerned while doing the needful in terms of instant 3 order shall afford an opportunity of being heard to the petitioner and pass detailed speaking order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, if he still remains aggrieved. Pending application(s), if any, also stands disposed of (Sandeep Sharma), Judge May 05,2025 (shankar)