Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5671 of 2024
Date of Decision: 10.3.2025 _____________________________________________________________________ Sh. Ramesh Chand ……...Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya
…....Respondent
Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Arun Rana, Advocate. For the respondent: Mr. Prince Chauhan, Advocate. _____________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner essentially seeks a direction to the respondent-Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya (in short ‘respondent-University’) to confer work charge status upon him on completion of eight years of daily wage service. 2. According to the petitioner, he was engaged as Beldar on daily wage basis in the respondent-University in the year 1994 and thereafter he completed 240 days in each calendar year. Services of the petitioner were regularized on 01.07.2007 as Beldar. Petitioner’s grievance is that he was entitled to work charge status on completion of eight years of daily wage service, but this benefit has been wrongly denied to him by the respondent. 2
3. Relief qua conferment of work charge status on completion of eight years of service has been claimed on the strength of the decision rendered in Sarwan Kumar Versus Chaudhary Sarwan Kumar Krishi Vishvavidyalaya, Palampur1, as affirmed in Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sarwan Kumar2, under the lead case State of HP and others Versus Surajmani and Anr.3
4. During the course of hearing, learned counsel for the petitioner placed on record copy of the decision rendered in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.4. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sarwan Kumar5 was one of the matters connected and decided by the Hon’ble Apex Court alongwith the case of Surajmani5. Learned counsel for the parties jointly submit that these writ petitions be disposed of in terms of para 10 of the aforesaid decision, which reads as under:-
“10.
For the cumulative reasons aforestated, we are of the considered view that the dicta laid down by this Court vide order dated 22.07.2019 in Ashwani Kumar's (Supra) case which is based on the judgment of Mool
1 O.A.(D) No.404 of 2018, decided on 20.03.2019
2 CWP No.1396 of 2019, decided on 12.01.2023
3 LPA No.165 of 2021, decided alongwith connected matters on 12.01.2023
4 Civil Appeal No.1595 of 2025, decided alongwith connected appeals on 06.02.2025
5 Civil Appeal No.1859 of 2025, decided alongwith connected appeals on 06.02.2025
3
Raj Upadhyaya (Supra) holds the field and would also be applicable to the Respondents herein who had approached the Tribunal or the High Court seeking similar relief. As such, the Respondents shall be entitled for grant of 'work-charged' status from the date of completion of 8 years of service. However, we hold that the relief in the present appeals will be limited to notional benefits as explained in paragraph 3 and 4 of Ashwani Kumar's (Supra) case in Civil Appeal No(s).5753 of 2019 and the present appeals stand disposed of accordingly with no order as to costs.”
5. In view of the fair stand taken by learned counsel for the parties and taking into consideration the aforesaid judgment, instant writ petition is disposed of in light of the judgment passed by the Hon’ble Apex Court in the cases of Surajmani and Sarwan Kumar. Respondent is directed to implement the directions issued by the Hon’ble Supreme Court therein in case of the petitioner by taking all consequential actions within six weeks from today. Pending miscellaneous application(s), if any, also stand disposed of. March 10, 2025
(Sandeep Sharma), (manjit)
Judge