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2025 DAILYLAW 24962 (HP)

SUKHBIR SINGH AND OTHERS v. THE STATE OF HP AND ANOTHER

CWP/14561/2025 · 2025-09-09

Sandeep Sharma

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14561 of 2025 Date of Decision: 09.09.2025 _______________________________________________________ Sukhbir Singh & others …….Petitioners Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Abhimanyu Rathor, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioners have prayed for following main relief:- “(i) That this Hon’ble Court may be pleased to issue the writ in the nature of mandamus or any appropriate writ, order, directions directing the respondents to confer upon them the work charge status from the due date i.e. 01.01.2008 and 01.01.2012 respectively on completion of eight years services on daily waged basis as per the seniority assigned to them by the Forest Department, in the light of the judgment passed by the Hon'ble Apex Court in Civil Appeal No.1595/2025 (arising out of SLP (c ) No.23016 of 2023) alongwith connected matters; (ii) That the respondents may kindly be directed to grant and release all consequential or actual monetary benefits i.e. arrears of revised salary, to the petitioners on the analogy of Sh. Ramesh Kumar son of Sh. Gita Ram, with all consequential benefits alongwith interest @ 12% per annum in a time bound manner.” 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Before the issue raised in the instant petition could be heard and decided on its own merit, learned counsel representing the petitioners states that his clients would be content and satisfied in case directions are issued to the respondents to consider and decide the case of the petitioners in light of judgment dated 06.02.2025 passed by Hon'ble Apex Court in Civil Appeal No.1595 of 2025, titled State of Himachal Pradesh and others vs. Surajmani and others, wherein it has been reiterated that daily wage employee shall be entitled to work charge status on completion of eight years continuous service with a minimum of 240 days in each calendar years, in a time bound manner. Learned Additional Advocate General representing the respondents is not averse to aforesaid innocuous prayer made on behalf of the petitioners. 3. Having perused the averments contained in the petition as well as relief prayed therein vis-à-vis judgment sought to be relied upon, this Court finds that the issue raised in the instant petition already stands adjudicated by Division Bench of this Court as well as Hon'ble Apex Court and as such, no prejudice would be caused to either of the parties, if the respondents are directed to consider and decide the case of the petitioners in light of judgment supra. 4. Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioners in light of aforesaid judgment 3 expeditiously, preferably within a period of four weeks. Needless to say, authority concerned, while doing the needful in terms of instant order shall afford an opportunity of being heard to the petitioners and pass appropriate order. Liberty is reserved to the petitioners to file appropriate proceedings in appropriate Court of law, if they still remain aggrieved. Pending application(s), if any, also stands disposed of (Sandeep Sharma), Judge September 09,2025 (shankar)