Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2101 of 2021 Date of Decision: 28.07.2025 __________________________________________________________ Suresh Kumar …….Petitioner Versus State of Himachal Pradesh & Anr.
….Respondents __________________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Atharv Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. __________________________________________________________ Sandeep Sharma, Judge (oral): CMP No. 17425 of 2025 For the reasons stated in the application, the same is allowed. Application stands disposed of. CWP No.2101 of 2021
2. By way of instant petition, petitioner has prayed for following main relief:-
“i. That impugned office order dated 25.02.2016, Annexure P-3, may very kindly be quashed and set aside with direction to the respondents to grant work-charged status to the petitioner on completion of eight years of continuous service with 240 days in each calendar year, i.e. and w.e.f 13.2.2004 with further direction to calculate and pay the arrears accrued alongwith interest at the rate of 9% per annum within time as is deemed fit by this Hon’ble Court. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 ii. That the respondents may very kindly be directed to produce on records the notifications issued from time to time, referred to in pleadings above, regarding framing of policies as despite best efforts, petitioner could not lay his hands on the same.”
3. Though by way of filing reply, claim as put forth in the petition, has been refuted by the respondents, but before case at hand could be heard and decided on its own merit, learned counsel representing the petitioner states that 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 his/her having completed eight years continuous service with a minimum of 240 days in each calendar year, in a time bound manner. Learned Additional Advocate General is not averse to aforesaid innocuous prayer made on behalf of the petitioner. 4.
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. 3
5. 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 six weeks. Needless to say, authority concerned while doing the needful in terms of instant order shall afford an opportunity of being heard to the petitioner and pass detailed speaking order thereupon. Pending application(s), if any, also stands
disposed of. (Sandeep Sharma), Judge July 28, 2025 (sunil)