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2025 DAILYLAW 4491 (HP)

BLASU DEVI v. THE STATE OF HP AND OTHERS

CWP/13242/2025 · 2026-08-31

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13242 of 2025 Decided on: 31st August, 2026 ------------------------------------------------------------------------------------- Blasu Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. C.N. Singh, Dr. Nidhi Singh and Mr. Anshul Gandhi, Advocates. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 to 6. Ms. Rekha Thakur, Advocate, for respondent No.7. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge CMP No.21891 of 2026 Allowed and disposed of. CWP No.13242 of 2025 With the consent of learned counsel for the parties, the matter has been heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs:- 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 “i) Issue a writ of Certiorari, Mandamus or other appropriate writ, order of direction, directing the respondent department to grant daily wage status to the petitioner w.e.f. 1.01.2008 with all consequential benefits. ii) Issue a writ of Mandamus or other appropriate writ order or direction, by directing the respondents department to grant work charge status/regularization to the petitioner after completion of Seven Years of daily wage service w.e.f 01.01.2015 with all consequential benefits and release the entire arrear in favour of petitioner within time bound manner. iii) Issue a writ of Mandamus Or other appropriate writ Order or direction, by directing the respondents department to count the service of the petitioner w.e.f 01.01.2015 to 31.12.2024 for the purpose of retiral benefits, such as Pension, Gratuity, Leave Encashment etc, and release the same, along with arrears in favour of the petitioner within time bound manner along with 12% interest. iv) In alternative count one year and five months of service from daily wage period (i.e. seven years) and release the pension as well as other retiral benefits in favour of the petitioner w.e.f. 1.1.2025 in terms of the law laid down by the Hon'ble Apex Court of India in Civil Appeal 4792 of 2022 (Balo Devi vs State of H.P. & Ors) along with 12% interest with in time bound manner.” 3. Respondents have filed reply, pleading therein that the petitioner has to her credit 08 years, 10 months & 15 days of regular service, apart from 03 years, 01 month & 29 days of whole time contingent paid and 14 years & 10 months as Part-Time Water Carrier. 4. Learned counsel for the petitioner submits that the case of the petitioner and the facts involved herein have already been adjudicated upon in Sunder Singh Versus 3 The State of Himachal Pradesh & Ors.2 and Balo Devi & others Versus State of Himachal Pradesh and others3. Learned counsel further submits that the petitioner would be content in case the respondents/ competent authority(s) are directed to consider and decide her case for grant of reliefs prayed for in the writ petition in accordance with law within a fixed-time schedule. Learned counsel for the respondents are not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the case of the petitioner in accordance with law as well as taking into consideration the above judgments within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 31, 2026 Judge Mukesh 2 Civil Appeal No.6309 of 2017, decided on 08.03.2018 3 Civil Appeal No.4792 of 2022, decided on 18.07.2022