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2025 DAILYLAW 7269 (HP)

KRISHAN KUMAR v. CSKHPKV PALAMPUR

CWP/3906/2025 · 2025-05-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3906 of 2025 Decided on: 8th May, 2025 _________________________________________________________________ Kirshan Kumar …..Petitioner Versus CHKHPKV …..Respondents ______________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Anchal Sharma, Advocate vice Mr. Sat Prakash, Advocate. For the respondent: Mr. Prince Chauhan, Advocate. Jyotsna Rewal Dua, Judge Notice. Mr. Prince Chauhan, learned counsel appears and waives service of notice on behalf of the respondent. 2. Petitioner essentially seeks a direction to the respondent-Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya (in short ‘respondent-University’) to confer work charge status upon him on completion of eight years of daily wage service. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 3. According to the petitioner, he was engaged as Beldar on daily wage basis in the respondent-University in 1994. He completed 240 days in each calendar year from 1994 onwards. Services of the petitioner were regularized on 06.07.2008 as Chowkidar/Beldar. Petitioner’s grievance is that he was entitled to work charge status on completion of eight years of daily wage service, but this benefit has been wrongly denied to him by the respondent. 4. Relief qua conferment of work charge status on completion of eight years of service has been claimed on the strength of the decision rendered in Sarwan Kumar Versus Chaudhary Sarwan Kumar Krishi Vishvavidyalaya, Palampur2, as affirmed in Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sarwan Kumar3, under the lead case State of HP and others Versus Surajmani and Anr.4 5. During the course of hearing, learned counsel for the petitioner placed on record copy of the decision rendered in The State of Himachal Pradesh & Ors. Versus 2 O.A.(D) No.404 of 2018, decided on 20.03.2019 3 CWP No.1396 of 2019, decided on 12.01.2023 4 LPA No.165 of 2021, decided alongwith connected matters on 12.01.2023 - 3 - Surajmani & Anr.5. Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Versus Sarwan Kumar6 was one of the matters connected and decided by the Hon’ble Apex Court alongwith the case of Surajmani4. Learned counsel for the parties jointly submit that this writ petition be disposed of in terms of directions issued in the aforesaid decision. 6. In view of the stand taken by learned counsel for the parties and taking into consideration the aforesaid judgment, the writ petition is disposed of with direction to the respondents/Competent Authority to consider the case of the petitioner in accordance with law laid down in Surajmani4 and pass appropriate order in accordance with law within six weeks from today. Copy of order so passed be also 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 Judge May 8, 2025 R.Atal 5 Civil Appeal No.1595 of 2025, decided alongwith connected appeals on 06.02.2025 6 Civil Appeal No.1859 of 2025, decided alongwith connected appeals on 06.02.2025