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2025 DAILYLAW 16626 (HP)

SHASHI KUMAR v. STATE OF HP AND ANOTHER

CWP/5470/2020 · 2025-06-26

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5470/2020 Decided on: 26th June, 2025 ------------------------------------------------------------------------------------- Shashi Kumar …..Petitioner Versus State of H.P. & Anr. .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ajay Sharma, Sr. Advocate with Mr. Tarun, Advocate. For the Respondents: Mr. Rajat Choudhary, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge CMP No. 14283/2025 Allowed and disposed of. CWP No. 5470/2020 2. Notice. Mr. Rajat Choudhary, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. This writ petition has been filed for the grant of following substantive reliefs: - “(i) That impugned office order dated 25.02.2016. Annexure P-3, may very kindly be quashed and set aside with directions 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. on and w.e.f. 01.02.2004 with further directions 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. (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.” 4. Learned counsel for the parties on both sides submitted that the issue raised in this petition is now required to be adjudicated in light of decision rendered in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.2 5. In view of above, notwithstanding the order 25.02.2016 (Annexure P-3), the respondents/competent authority are directed to consider and decide the case of the petitioner for conferment of work charge status, in accordance with law and in light of above decision rendered in Surajmani2, within a period of 2Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025 3 six weeks from today. Copy of the 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 June 26, 2025 Judge rohit