Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP Nos.3048 & 3052 of 2025 Decided on: 5th March, 2025 _________________________________________________________________
1. CWP No. 3048 of 2025 Sukh Dev
....Petitioner Versus State of H.P. & Ors.
…Respondents _________________________________________________________________
2. CWP No. 3052 of 2025 Bishan Dass
....Petitioner Versus State of H.P. & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner(s): Ms.
Nandita,
Advocate
vice Mr. Abhyendra Gupta, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts service of notice on behalf of the respondents in both the matters.
2. With the consent of learned counsel for the parties, matters are heard today. These two writ petitions 1 Whether reporters of Local Papers may be allowed to see the judgment? yes
raise common question of law, hence, are taken up together for decision. For convenience, facts are taken from CWP No. 3048 of 2025 (Sukh Dev Vs. State of HP and Ors.).
3. Petitioner is serving in the respondent-Forest Department and has prayed for direction to the respondents- department to grant him work charge status/regularization of services from the date he completed eight years of service with all incidental benefits.
4.
Learned counsel for the parties have jointly submitted that the issue involved in the writ petition(s) and the relief prayed for by the petitioners are now covered by the decision rendered by the Hon’ble Apex Court in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.2. The respondent-Department was also the appellant before the Hon’ble Supreme Court in some of the connected matters.
Learned counsel for the parties also submit that these writ petitions be disposed of in terms of para 10 of the aforesaid decision, which reads as under:-
“10. For the cumulative reasons aforestated, we are of the considered view that the dicta laid down by this Court vide order dated 22.07.2019 in Ashwani Kumar's (Supra) case which is based on the judgment of Mool Raj Upadhyaya (Supra) holds the field and 2 Civil appeal No. 1595 of 2025, decided alongwith civil appeals on 06.02.2025 2
would also be applicable to the Respondents herein who had approached the Tribunal or the High Court seeking similar relief. As such, the Respondents shall be entitled for grant of 'work-charged' status from the date of completion of 8 years of service. However, we hold that the relief in the present appeals will be limited to notional benefits as explained in paragraph 3 and 4 of Ashwani Kumar's (Supra) case in Civil Appeal No(s).5753 of 2019 and the present appeals stand disposed of accordingly with no order as to costs.”
5. In view of the fair stand taken by learned counsel for the parties and taking into consideration the aforesaid
judgment, these writ petitions are disposed of in light of the
judgment passed by the Hon’ble Apex Court in the case of Surajmani2. Respondents are directed to implement the directions issued by the Hon’ble Supreme Court therein in case of the petitioners by taking all consequential actions within six weeks from today. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge March 5, 2025 R.Atal 3