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2025 DAILYLAW 22356 (HP)

PAWAN KUMAR v. THE STATE OF HP AND OTHERS

CWP/12764/2025 · 2025-08-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12764 of 2025 Decided on: 07.08. 2025 ------------------------------------------------------------------------------------- Pawan Kumar …..Petitioner Versus State of H.P. and Ors .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sat Prakash, Advocate. For the Respondents: Mr. L.N.Sharma, Additional Advocate General, for respondents No.1 to 3. Mr. Prince Chauhan, Advocate, for respondent No.4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learned Additional Advocate General and Mr. Prince Chauhan, learned Standing Counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner essentially seeks a direction to the respondent-Chaudhary Sarwan Kumar Himachal Pradesh 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Krishi Vishvavidyalaya (in short ‘respondent-University’) to confer work charge status upon him on completion of his eight years of daily wage service. According to the petitioner, he was engaged as Beldar on daily wage basis in the respondent-University in the year 1995. He completed 240 days in each calendar year w.e.f. 1995 onwards. Services of the petitioner were regularized on 06.07.2008 as Chowkidar/Beldar. Petitioner’s grievance is that he was entitled to work charge status on completion of his eight years of daily wage service, but this benefit has been wrongly denied to him by the respondents. 3. Relief qua conferment of work charge status on completion of eight years of service has been claimed on the strength of the decision rendered in Sarwan Kumar Versus Chaudhary Sarwan Kumar Krishi Vishvavidyalaya, Palampur2, as affirmed in Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sarwan Kumar3, under the lead case State of HP and others Versus Surajmani and Anr.4 2 O.A.(D) No.404 of 2018, decided on 20.03.2019 3 CWP No.1396 of 2019, decided on 12.01.2023 4 LPA No.165 of 2021, decided alongwith connected matters on 12.01.2023 3 4. During the course of hearing, learned counsel for the petitioner placed on record copy of the decision rendered in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.5. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sarwan Kumar6 was one of the matters connected and decided by the Hon’ble Apex Court alongwith the case of Surajmani5. Learned counsel further submits that the petitioner would be satisfied in case the respondents are directed to examine his case in light of the aforesaid judgment within a fixed time schedule. Learned counsel for the respondents are not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to the respondents/ competent authority to consider and decide the case of the petitioner in accordance with law laid down in Surajmani2 & Sarwan Kumar6 and pass appropriate order in accordance with law within six weeks from today. Copy of the order so passed, be also communicated to the petitioner. 5 Civil Appeal No.1595 of 2025, decided alongwith connected appeals on 06.02.2025 6 Civil Appeal No.1859 of 2025, decided alongwith connected appeals on 06.02.2025 4 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 7, 2025 Judge Mukesh