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High Court of Himachal Pradesh · body

2025 DAILYLAW 21671 (HP)

RAM LAL v. THE STATE OF HP AND OTHERS

CWP/10366/2024 · 2025-02-25

Jyotsna Rewal Dua

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10366 of 2024 Date of decision: 25.02.2025 Ram Lal. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Bonit Prakash, Advocate, vice Mr. A.K. Gupta, Advocate. For the respondents : Mr. Amandeep Sharma Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner is serving in the respondent- Horticulture Department as regular Beldar. He has prayed for direction to the respondents to grant him work-charge status/regularization of services from the date he completed eight years of service with all incidental benefits. 2. Learned counsel for the parties have jointly submitted that the issue involved in the writ petition and the relief prayed for by the petitioner is now covered by the decision rendered by the Hon’ble Apex Court in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.1. The 1 Civil Appeal No.1595 of 2025, decided along with connected civil appeals on 06.02.2025 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- respondent-Department was also the appellant before the Hon’ble Supreme Court in some of the connected matters. Learned counsel for the parties also submit that this writ petition be disposed of in terms of para 10 of the aforesaid decision, which reads as under:- “10. For the cumulative reasons aforestated, we are of the considered view that the dicta laid down by this Court vide order dated 22.07.2019 in Ashwani Kumar's (Supra) case which is based on the judgment of Mool Raj Upadhyaya (Supra) holds the field and would also be applicable to the Respondents herein who had approached the Tribunal or the High Court seeking similar relief. As such, the Respondents shall be entitled for grant of 'work-charged' status from the date of completion of 8 years of service. However, we hold that the relief in the present appeals will be limited to notional benefits as explained in paragraph 3 and 4 of Ashwani Kumar's (Supra) case in Civil Appeal No(s).5753 of 2019 and the present appeals stand disposed of accordingly with no order as to costs.” 3. In view of the fair stand taken by learned counsel for the parties and taking into consideration the aforesaid judgment, this writ petition is disposed of in light of the judgment passed by the Hon’ble Apex Court in the case of Surajmani2. Respondent is directed to implement the directions issued by the Hon’ble Supreme Court therein in case of the petitioner by taking all consequential actions -3- based upon facts of the present case within six weeks from today. The order so passed be 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 25th February, 2025 Judge (Pardeep)