IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 532/2025 Decided on: 08.01.2025 Roshal Lal & Anr. …Petitioners Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Vijay Kumar, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. Looking to the nature of grievance raised by the petitioners against the impugned order dated 07.05.2024 (Annexure P-8) passed by respondent No.2, whereby their representations for grant of work charge status/regularization on completion of eight years of daily wage service on the basis of decision rendered in State of HP and others vs. Surajmani & another2 have been rejected, there is no necessity for calling the reply of the respondents. 3. It appears that the petitioners represented to respondent No.2 for conferment of work charge status/regularization on their completion of eight years of service. The prayer was made on the 1 Whether reporters of the local papers may be allowed to see the judgment? 2LPA No.165/2021, decided alongwith connected matters on 12.01.2023 2 basis of decision rendered in Surajmani’s2 case. Respondent No.2 passed an order on 07.05.2024, declining the request of the petitioners to decide their representations. Operative part of the order reads as under:- “Now, therefore, in view of the above facts & circumstances and in compliance to Hon'ble High Court of HP Order dated 04.11.2023 passed in CWP No. 9693 of 2023 as well as advice of Principal Secretary (Forest) to the GoHP letter No. FFE-A(E) 2-260/2023 dated 19.04.2023, undersigned comes to the conclusion that since the case of Surajmani along with other connected matters has not attained finality as yet and the Hon'ble Apex Court has issued interim direction that the Contempt Petition/Execution Petition shall not be precipitated, status quo is to be maintained by the parties and there shall be stay of proceedings before the High Court in similar connected matters, the claim of Petitioners viz Sh. Roshan Lal and Sh. Lekh Ram is hereby considered and rejected.” 4. It is a matter of record that the Hon’ble Apex Court in State of Himachal Pradesh Vs. Eka Bahadur3 has directed that the contempt and execution petitions arising out of the decision rendered in Surajmani’s2 case shall not be precipitated, however, no embargo has been placed upon the decision of the representations preferred by the employees seeking grant of work charge status/ regularization on the basis of aforesaid decision. It is for the respondents to examine the cases of the petitioners in light of the law laid down in Surajmani’s2 case and to take a decision on merits as to whether the representationist, i.e. the petitioners, are entitled for grant of work 3Special Leave Petition (Civil) Diary No. 14916/2024, dated 02.08.2024 3 charge status/ regularization on completion of 8 years service by them. It is another matter that the contempt/execution petitions arising out of such decision are not to be precipitated. Learned counsel for the petitioners has also invited attention to another office order passed by respondents on 25.09.2023 (Annexure P-5), whereunder, the case of representationist therein was considered in light of the law laid down in Surajmani’s2 case and he was held eligible & was accordingly granted work charge status subject to final outcome of the SLP filed against the decision in the case of Surajmani2. 5. For this reason, the present writ petition is allowed to the limited extent that the impugned order dated 07.05.2024 (Annexure P-8) is quashed and set aside. Respondent No.2 is directed to consider and decide the cases of the petitioners in light of the law laid down in Surajmani’s2 case within a period of four weeks from today. The order so passed be also communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge 08th January 2025(rohit)