2025:HHC:31478-DB IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No :4891 of 2020 Decided on : 05.09.2025. __________________________________________________________ Mohinder Singh & Ors. ....Petitioners Versus State of H.P. & Ors. ….Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioners : Mr. Bonit Thakur, Advocate vice Mr. Ashwani Gupta, Advocate. For the respondents : Mr. Sidharth Jalta, Deputy Advocate General. Ranjan Sharma, Judge [Oral] The instant petition has been filed by petitioners, Mohinder Singh and three others, seeking the following relief: - “(i). That Annexure P-2 may be set aside/quashed and the respondents may be ordered to grant work charge status to the petitioners from the dates they completed eight years service with all the benefits incidental thereof.” 2. Case set up by Learned Counsel for petitioners is that they were engaged as Work 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:31478-DB - 2 - Inspector(s) Class-III, on daily wage basis between 01.01.1994 to 01.01.1996 and had rendered 8 years continuous service and became entitled for work charged status w.e.f. 01.01.2002 to 01.01.2004 respectively, but the same was denied. However, they were regularized on December 2006. It is averred that denial of work charge status has resulting in depriving them of higher pay fixation and higher status for due date till day, when, the State through Secretary (IPH) has issued a communication on 07.01.2020, Annexure P-2, deciding to confer work charge status to daily wagers and based on this benefit has been given to Class-III daily wagers in IPH-JSV Department whereas this has been denied to Class-III incumbents in Respondent-PWD Department, where the petitioners are working, which amounts to governing service class of daily wagers by two norms who were entitled for work charge status under same set of policies and Scheme and same mandate of law in case of Mool Raj Upadhayaya versus State of Himachal Pradesh, (1994) Supp (2) SCC 316; and in State of Himachal Pradesh 2025:HHC:31478-DB - 3 - versus Gehar Singh (2007) 12 SCC 43; CWP No.3111 of 2016, State of Himachal Pradesh versus Ashwani Kumar; State of Himachal Pradesh versus Ashwani Kumar, [Civil Appeal No.5753 of 2019, decided on 2.07.2019] was reiterated by this Court in LPA No.165 of 2021 State of Himachal Pradesh versus Surajmani and another which stands affirmed by the Hon’ble Supreme Court in case of State of Himachal Pradesh & Others versus Surajmani and Another [Civil Appeal No.1595 of 2025 and other connected matters, decided on 06.02.2025. 3. Pursuant to issuance of notice on 04.11.2020 Learned State Counsel states the State Authorities have filed the reply dated 19.04.2021. The same is not on record. However, a copy of the reply- affidavit filed by Superintending Engineer, 5th Circle, HPPWD, Palampur, has been made available to this Court, which is taken on record. Based on reply, Learned State Counsel contends that claim for work charge is not tenable on the ground, that firstly, the instant petition has been filed belatedly and secondly, 2025:HHC:31478-DB - 4 - on the ground that the work charge status is not admissible to Class-III category, as the work charge established stands abolished by the State Authorities. 4. Taking into account the entirety of the facts and circumstances, this Court has no hesitation to hold that the instant matter is squarely covered by the judgment passed by Hon’ble Supreme Court in State of Himachal Pradesh & Others versus Surajmani and Another [Civil Appeal No.1595 of 2025 and other connected matters] decided on 06.02.2025. 5. Moreover, based on the aforesaid mandate of the Hon’ble Supreme Court, an identical issue, regarding to Class-III, incumbent who was claiming work charge status, has been decided by this Court in CWP No.2281 of 2020, titled State of H.P. & Another Vs. All HPPWD, IPH Contractual workers Union and Another, decided on 21.07.2025, whereby, it has been mandated that the judgment in case of Surajmani, (supra) being a judgment in rem is being on all concerned and the entitlement of Class-III daily wagers for work charged status with pay fixation 2025:HHC:31478-DB - 5 - benefits accruing in the aforesaid judgments, has to be accorded to the petitioners and all similarly placed Class-III incumbents. The right of the petitioners for work charge status from due date accruing in terms of law with higher pay fixation to an in-service employee cannot be negated, restricted, curtailed or denied in any manner. Accordingly, petitioners are held entitled for work charge status with higher pay fixation w.e.f. 01.01.2002 to 01.01.2004 and benefits of higher pay in applicable and then in revised pay scales w.e.f. 01.01.2006 and then revised in January 2022 w.e.f. 01.01.2006 till day. The right for higher pay fixation gives a recurring cause to the petitioner coupled with the fact that the petitioners are seeking benefits of the Judgment in case of Surajmani (supra) which is a judgment in rem, therefore, the plea of the State Authorities that the petitioners suffer from delay and laches is turned in facts of this case. 6. In view of the above discussion and the reasons recorded hereinabove, the instant petition is 2025:HHC:31478-DB - 6 - allowed, in the following terms: (i). Respondents/State Authorities are directed to accord work charge status to the petitioners herein, as Class-III employees in their respective categories from the date they had completed eight years of continuous service in the light of judgment passed by Hon’ble Supreme Court in the case of Surajmani (supra). (ii). Needless to say, that based on the finding in the case of Surajmani, supra, the relief/benefits shall entail notionally only; (iii). The directions (i) & (ii) passed by this Court shall be complied with by the State Authorities within six weeks from today; (iv). No order as to costs. In aforesaid terms, the instant writ petition and all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) Judge September 05, 2025 [Shivender]