Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 10973 (HP)

KAMAL CHAND v. THE STATE OF HP AND OTHERS

CWP/7786/2025 · 2025-05-28

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7786 of 2025 Date of decision: 28.05.2025 Kamal Chand. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Dr. Nidhi Singh, Advocate, vice Mr. C.N. Singh, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner has claimed relief of regularization/ work-charge status on completion of 8 years of daily wage service. Learned counsel for the petitioner submits that petitioner would be restricting his claim for conferment of work-charge status and grant of consequential benefits based thereupon. -2- 3. It appears that the case of the petitioner for grant of regularization/conferment of work-charge status was considered by the respondents and rejected on 27.09.2024 (Annexure P-5). Rejection was primarily on the ground of pendency of The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.1. Learned counsel for the parties have jointly submitted that the issue involved in the writ petition and the relief prayed for by the petitioner is now covered by the decision rendered by the Hon’ble Apex Court in Surajmani1. The respondent-Department was also the appellant before the Hon’ble Supreme Court in some of the connected matters. Learned counsel for the petitioner submits that petitioner’s case is required to be considered afresh in light of decision rendered in Surajmani1. Learned Additional Advocate General is not averse to this prayer. 4. In view of the stand taken by learned counsel for the parties and taking into consideration the aforesaid judgment, the writ petition is disposed of with direction to the respondents/Competent Authority to consider the case of the petitioner afresh in accordance with law laid down in Surajmani1 and pass accordingly appropriate orders in 1Civil Appeal No.1595 of 2025, decided along with connected civil appeals on 06.02.2025. -3- accordance with law within six weeks from today. Copy of order so passed be also communicated to the petitioner The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 28th May, 2025 Judge (Pardeep)