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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10377 of 2024 Date of Decision: 07.04.2025 ____________________________________________________________ Sher Chand …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents ____________________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. A.K. Gupta, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. A.K. Gupta, learned counsel representing the petitioner is that though in the case at hand petitioner has already completed eight years service on daily wage basis with 240 days in each calendar year, but yet he has not been granted work-charge status. Mr. A.K.Gupta, learned counsel for the petitioner, while referring to the
judgment passed by Hon’ble Apex Court in Civil Appeal No. 1595 of 2025 titled as State of Himachal Pradesh & Ors. Vs. Surajmani & Anr., states that now in terms of aforesaid judgment, daily wage employee after his having completed 240 days in each calendar year is required to be granted work-charge status.
2. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the 1Whether the reporters of the local papers may be allowed to see the judgment?
2 reply from the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. Mr. Vishal Panwar, learned Additional Advocate General, fairly states that in case the petitioner has completed eight years service on daily wage basis with 240 days in each calendar year, his case shall be considered in light of Surajmani (supra).
3. Consequently, in view of above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the case of the petitioner in light of judgment passed by Hon’ble Apex Court in Surajmani (supra), expeditiously, preferably within a period of eight weeks. Ordered accordingly. 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 orders thereafter. In case the petitioner is found entitled to the relief in terms of judgment passed in Suraj Mani (supra), he shall be granted similar benefits, but on notional basis from due date. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge April 07, 2025 (Rajeev Raturi)