Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.21147 of 2025 Date of Decision: 02.01.2026 _______________________________________________________ Dinesh Kumar
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Ms. Babita Chauhan, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petition, petitioner has prayed for following main relief:-
“ That the respondents may be ordered to revise work charge status granted to the petitioner w.e.f. the date he completed 8 years service will all the benefits incidental thereof and also in view of the judgment rendered in Surajmani’s case as well as the order passed in the case of similarly situated employees Sh. Tek Chand and others and the pay of the petitioner may be ordered to be fixed accordingly from due date.”
2. Before the issue raised in the instant petition could be heard and decided on its own merit, learned counsel representing the petitioner states that her 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
1Whether the reporters of the local papers may be allowed to see the judgment? 2 work charge status on completion of eight years continuous service with a minimum of 240 days in each calendar years, in a time bound manner. Learned Additional Advocate General representing the respondents are not averse to aforesaid innocuous prayer made on behalf of the petitioner. 3. 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. 4.
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 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 appropriate order. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, if he still remains aggrieved. Pending application(s), if any, also stands disposed of
(Sandeep Sharma),
Judge January 02,2026 (shankar)