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2025 DAILYLAW 21938 (HP)

DINA NATH AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/12528/2025 · 2025-08-01

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.12528 of 202 5 Decided on: 01.08.2025 _________________________________________________________________ Dina Nath & Anr ....Petitioners Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Bhim Raj Sharma, Advocate vice Mr. Naresh Verma, Advocate. . For the respondents: Mr. Anup Rattan, Advocate General with Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learned Addtional General, appears and waives service of notice on behalf of the respondents. 2. Petitioners seek direction to the respondents to confer work charge status upon them on completion of eight years of daily wage service. Case file shows that the petitioners’ case for conferment of work charge status was rejected by the 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - respondents on 14.01.2016 primarily on the ground that Forest Department is not a work charge establishment, the petitioners, as such, were not entitled for conferment of work charge status. 3. Learned counsel for the parties are ad idem that issue in question is now covered by the decision rendered by the Hon’ble Apex Court in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.2 and case of the petitioners is required to be considered afresh in light of law laid down therein. 4. Notwithstanding office order dated 14.01.2016 (Annexure P-1), this writ petition is disposed of with direction to the respondents/ competent authority to consider and decide the case of the petitioners afresh in accordance with law laid down in Surajmani2 and pass appropriate order in accordance with law within six weeks from today. Copy of the order so passed, be also communicated to the petitioners. 2 Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025 - 3 - Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua August 01, 2025 Judge R.Atal