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High Court of Himachal Pradesh · body

2025 DAILYLAW 17441 (HP)

RAJINDER KUMAR v. STATE OF HP AND ORS

CWP/409/2022 · 2025-08-13

Sandeep Sharma

Civil Appealbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.409 of 2022 Date of Decision: 13.8.2025 _______________________________________________________ Rajinder Kumar …….Petitioner Versus State of Himachal Pradesh and Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Bhim Raj Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. __________________________________________________________ Sandeep Sharma, Judge(oral): CMP No. 18678 of 2025 For the reasons stated in the application, same is al- lowed. Application stands disposed of accordingly. CWP No. 409 of 2022 2. By way of instant petition, petitioner has prayed for following main reliefs: “1.That petitioner be considered for regularization immediately after completion of 8 years service i.e. with effect from 01.01.2005. 2. That the arrears w.e.f. completion of 8 years with interest may also be granted in favour of the petitioner. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 3. That the seniority and consequential benefits may also be granted in favour of the petitioner w.e.f. after completion of 8 years with 240 days in one calendar year.” 3. Though by way of filing petition, respondents have refuted the case of the petitioner, but learned counsel representing the petitioner while making this court peruse 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 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 Surajmani (supra), 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. 3 5. Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide case of the petitioner in light of aforesaid judgment expeditiously, preferably within a period of four 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 August 13, 2025 manjit