Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10974 of 2023
Decided on: 7th April, 2025 ------------------------------------------------------------------------------------- Smt.Vijay
…..Petitioner
Versus
Chaudhary Sarwan Kumar H.P. Krishi Vishvavidyalaya Palampur
.....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the petitioners: Mr. Arun Rana, Advocate.
For the respondent: Mr. Prince Chauhan, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Petitioner essentially seeks a direction to the respondent-Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya (in short ‘respondent-University’) to confer work charge status upon her on completion of eight years of daily wage service.
2.
According to the petitioner, she was engaged as Beldar on daily wage basis in the respondent-University in the year 1994. She completed 240 days in each calendar from the year 1994 onwards. Services of the petitioner were regularized on 06.07.2008 as Beldar. Petitioner’s grievance
1 Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
is that she was entitled to work charge status on comple- tion of eight years of daily wage service, but this benefit has been wrongly denied to her by the respondent.
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 Ver- sus Chaudhary Sarwan Kumar Krishi Vishvavidyalaya, Palampur2, as affirmed in Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sar- wan Kumar3, under the lead case State of HP and others Versus Surajmani and Anr.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 for the parties also submit that this writ petition be disposed of in terms of the aforesaid decision.
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
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
3
4.
In view of the stand taken by learned counsel for the parties and taking into consideration the aforesaid
judgment, the writ petition is disposed of with direction to the respondent/Competent Authority to consider the case of the petitioner in accordance with law laid down in Surajmani2 and pass accordingly appropriate order in accordance with law within six weeks from today. Copy of
order so passed be also communicated to the petitioner.
The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua April 7, 2025
Judge (R.. Atal)