Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:37741-DB )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 8310 of 2021
Date of decision: 7th November, 2025
Sh. Ram Saran
.......Petitioner.
Versus
State of H.P. & others
...Respondents.
Coram The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Bhim Raj Sharma, Advocate.
For the respondents: Ms. Swati Draik, Deputy Advocate General.
Jiya Lal Bhardwaj, Judge (Oral).
The petitioner through the petition has laid challenge to the order dated 08.07.2016 passed by respondent No.2, whereby his claim for grant of work charge status has been declined only on the ground that the daily waged of Ayurveda Department are not covered under work charge establishment.
2.
The issue raised in the petition is no more res integra in view of the law laid down by the Hon’ble Supreme Court in SLP(C) No. 23016 of 2023 (Civil Appeal No. 1595 of 2025), titled, The State of HP and Ors. vs. Surajmani and Anr., decided on 06.02.2025, wherein the
judgment passed by this Court holding that work charge
1 Whether the reporters of Local Papers may be allowed to see the judgment?
( 2025:HHC:37741-DB ) 2 establishment was not a prerequisite for conferment of work charge status has been upheld. Thus the case of the employee cannot be rejected on the ground of not having the work charge establishment.
3.
Since the issue raising in the present petition is covered as per the dictum of the Hon’ble Supreme Court in Surajmani’s case (supra), the present petition is allowed and the impugned order dated 08.07.2016 passed by Director Ayurveda, Himachal Pradesh, is quashed and set aside. The respondents are directed to decide the matter in view of the law laid down by the Hon’ble Supreme Court in Surajmani’s case (supra). Since the petitioner is fighting for his rightful claim and in the earlier round of litigation, his petition was disposed of on 26.08.2013, the respondent/ competent authority is
directed to grant the benefit of the judgment rendered in Surajmani’s case (supra) to the petitioner within a period of two months from today. In case the needful is not done within two months from today, the benefits shall accrue interest @ 6% per annum from due date till its payment.
( 2025:HHC:37741-DB ) 3
4.
The writ petition is disposed of in the aforesaid terms along with pending applications if any.
November 07, 2025 (Jiya Lal Bhardwaj) (Ritu)
Judge