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High Court of Himachal Pradesh · body

2025 DAILYLAW 21170 (HP)

DHARAM PARKASH v. STATE OF HP AND OTHERS

CWP/9058/2023 · 2025-07-30

Jyotsna Rewal Dua

Special Leave Petitionbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9058/2023 Decided on: 30.07.2025 Dharam Parkash …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bonit Parkash, Advocate vice Mr. A.K. Gupta, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J This writ petition has been instituted against the order dated 16.09.2023 (Annexure P-1) passed by respondent No.2, whereby consideration of case of the petitioner on the analogy of decision rendered in State of H.P. & Ors. Vs. Surajmani & Ors.2 was deferred in view of the pendency of the State of H.P. & Ors. Vs. Surajmani & Ors.3 preferred by the respondents-State before the Hon’ble Apex Court. It is not in dispute that Surajmani & Ors.3 has now been disposed of. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 LPA NO. 165/2021 decided a/w connected matters on 12.01.2023 3 SLP Diary No. No.21292/2023 decided a/w connected matters on 06.02.2025 2 2. Learned counsel for the petitioner submitted that the aforesaid case now stands decided by the Hon’ble Apex Court, therefore, the respondents be directed to consider the case of the petitioner for conferment of work charge status upon him in light of law laid down in Surajmani & Ors.3 Learned counsel also submitted that the petitioner would be content, in case, the respondents/competent authority are directed to decide the case of the petitioner afresh within a fixed time schedule, in accordance with law and in terms of above decision. Learned Additional Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the case of the petitioner afresh, in accordance with law as well as taking into consideration the above decision, within a period of six weeks from today. Decision so arrived at shall also be communicated to the petitioner(s). Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 30th July, 2025(rohit)