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High Court of Himachal Pradesh · body

2025 DAILYLAW 33118 (HP)

JOGINDER SINGH v. THE HPSEBL AND ANOTHER

CWP/19817/2025 · 2025-12-16

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19817 of 2025 Date of Decision: 16.12.2025 _______________________________________________________ Joginder Singh …….Petitioner Versus Himachal Pradesh State Electricity Board Limited & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Naresh Verma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate Generals and Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein is aggrieved of order dated 23.01.2020 (Annexure P-2), whereby prayer made on behalf of the petitioner to grant him work charge status after his having completed eight years service with 240 days in each calendar year, came to be rejected. 2. While putting in appearance on behalf of the respondents, Mr. Virender Singh Kanwar, Advocate, fairly states that now in terms of judgment dated 16.04.2025 passed by Hon'ble Apex Court in Special Leave to Appeal(C) No.10719-10720 of 2025, titled The Himachal Pradesh State Electricity Board Limited and another vs. Nanak Chand and others, case of the petitioner is 1Whether the reporters of the local papers may be allowed to see the judgment? 2 required to be considered afresh for the reason that in afore judgment Hon'ble Apex Court has categorically held that daily wage employee, who has completed eight years of service with 240 days in each calendar year, shall be granted work charge status on notional basis. 3. Having carefully perused aforesaid judgment passed by Hon'ble Apex Court (Annexure P-3), this Court is persuaded to agree with learned counsel for the petitioner. 4. In view of the above, present petition is allowed and impugned order dated 23.01.2020 (Annexure P-2) is quashed and set-aside with a direction to the respondents to consider and decide the case of the petitioner afresh in light of judgment dated 16.04.2025 passed by Hon'ble Apex Court in Nanak Chand case(supra) 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 petitioner and pass appropriate order, taking note of observations made in Nanak Chand case(supra)and in case, petitioner is found entitled to the benefit, as prayed for, same shall be granted to him alongwith consequential benefits expeditiously. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge December 16,2025 (shankar)