2025:HHC:1113-DB IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 111 of 2023 Decided on : 06.01.2025 Mulakh Raj and another. …Petitioners Versus State of Himachal Pradesh and another. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Mr. Mehar Chand, Advocate. For the respondents : Mr. Rajat Chauhan, Law Officer. Ajay Mohan Goel, Judge (Oral) CWP No. 111 of 2023 & CMP No. 281 of 2025 Today the matter has been taken up on an early hearing application, filed by the petitioner. The main petition has also been heard along-with the early hearing application. 2. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. That writ in the nature of Certiorari may kindly be issued and corrigendum dated 29-03- 2019(Annexure P- 4) may kindly be quashed and set aside. 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:1113-DB b. That respondents may kindly be directed to release the consequential benefits (arrears) as per order dated 15th September, 2018, which further clarify vide letter dated 15-09-2018, including arrears w.e.f. 01-01-2012. Or in alternate respondents may be directed to release the arrears on account of retrospective regularization of petitioners from the date from which petitioners had served the respondents on daily wages basis, after joining as daily waged employees.” 3. Learned counsel for the petitioner submits that in the case of similarly situated petitioners, the Hon’ble Division Bench of this Court in the judgment passed in CWPOA No. 6726 of 2020, titled Tilak Raj Vs. State of H.P. & Ors., decided on 02.05.2024, has been pleased to hold that impugned Corrigendum dated 29.03.2019, is not applicable to the cases of the petitioner therein. He submits that as the present petitioner is similarly situated as the petitioners in above referred CWPOA, therefore, this writ petition be disposed of by holding that the impugned corrigendum is not applicable even as far as the petitioner is concerned and respondents be directed to release the arrears of wages to the petitioner, with 3 2025:HHC:1113-DB effect from the notional date of his regularization with consequential benefit. 4. The petitioner has approached this Court, pleading that he was appointed as part-time basis as a Revenue Chowkidar, in the year 1990 and his services were regularized with effect from 03.05.2012. According to the petitioner, he is entitled for actual arrears with effect from 01.01.2012, which arbitrarily stand curtailed in terms of Annexure P-4, Corrigendum dated 29.03.2029, which Corrigendum is to the effect that the words “with all consequential benefits” in order dated 15.09.2018, be read as “On Notional Basis w.e.f. 01.01.2012 or after the completion of eight years of service of daily wager and with actual financial benefit from the date of joining on regular basis.” 5. Having heard learned counsel for the petitioner and also learned Law Officer and having perused the judgment of the Hon’ble Division Bench in CWPOA No. 6726 of 2020, as the petitioner indeed is similarly situated as the petitioners in the said writ petition, which fact could not be disputed by the respondents and further in light of the fact that now the Hon’ble 4 2025:HHC:1113-DB Division Bench has been pleased to hold by way of a reasoned judgment that the Corrigendum was not applicable to the petitioners in the aforesaid writ petition, this Court holds that said Corrigendum is not applicable, even in the case of the petitioner, in the light of the findings returned by the Hon’ble Division Bench, which are ordered to apply mutatis mutandis in the present writ petition also. 6. Accordingly, this writ petition is allowed and disposed of with the direction that impugned Corrigendum Annexure P-4, is held to be not applicable in the case of the petitioner and respondents are directed to release the arrears of wages to the petitioner, with effect from the notional date of his regularization, with all consequential benefits. Pending miscellaneous application(s), if any, also stand disposed of. (Ajay Mohan Goel) Judge January 06, 2025 (Shivank Thakur)