Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWPOA No.3944 of 2020
Decided on: 6th August, 2025
Rattan Lal and others
.......Petitioners
versus
State of H.P. and others
...Respondents
Coram The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the petitioners: Mr. C.N. Singh and Mr. Devender Sharma, Advocates.
For the respondents: Mr.Hemant K. Verma, Dy. A.G for respondents No.1 and 2.
Mr.D.S. Kainthla, Advocate for respondent No.3.
Satyen Vaidya, Judge (Oral)
The petitioners, by way of instant petition have assailed the order dated 17.07.2017 (Annexure A-5) passed by the Additional Chief Secretary (Forests) to the Government of Himachal Pradesh, whereby their representation for grant of regularization from retrospective date was rejected.
2.
Learned counsel for the petitioners has submitted that now the circumstances have changed in the light of
judgment passed by the Hon’ble Supreme Court in Civil Appeal 1595 of 2025 titled as State of Himachal Pradesh
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
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and others vs. Surajmani and others, decided on 06.02.2025, whereby the grant of benefit of work charge status immediately on completion of eight years continuous daily wage services has been mandated. He further submits that in view of the said judgment, the petitioner shall be satisfied in case they are also granted the benefit of work charge status immediately on completion of eight years continuous service as daily wage employees.
3.
The prayer so made on behalf of the petitioners is in consonance with the judgment passed by the Hon’ble Supreme Court in Surjamani’s case (supra) and thus, there is no impediment in directing the respondents to consider the cases of the petitioners for grant of work charge status on completion of eight years of continuous daily wage service, strictly in terms of the mandate in Surjamani’s case (supra)
4.
The petitioners are seeking relief from the department of Forest as also the Himachal Pradesh Forest Corporation, which on earlier occasion had taken a stand in the similar cases that since there was no work charge establishment in these Departments/Corporations, they were not bound to provide or grant work charge status to their employees. Though, in the number of judgments passed by
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this Court, the stand so taken by respondents No. 2 and 3 has been turned down, still with a view to negate any possibility of respondents again taking such stand, it is
directed that the cases of the petitioners will be considered by ignoring the stand taken by them and also by not being impressed in any manner with the order impugned in this petition Annexure A-5.
5.
In CWPOA No.7434 of 2019 titled as Ramesh Chand Tangrik vs. H.P. State Forest Corporation and others and connected matter, decided on 22.07.2024, Hon’ble Division Bench of this Court has also taken the same view and it will be apt to reproduce para 4 of the order passed by the Hon’ble Division Bench:-
“4. Learned counsel for petitioner(s), referring order dated 3.7.2024 passed in CWP No. 3428 of 2024 and matters connected therewith, has submitted that similar cases, with agreement of the parties including respondent-Corporation, have been disposed of by learned Single Judge with directions that adjudication of the Supreme Court on the issue shall be binding upon the parties. Learned counsel for Corporation is in agreement for passing a similar order in present matter also.”
6.
Accordingly, the present petition is disposed of with directions to the respondents to consider the cases of the
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petitioners for grant of work charge status on completion of eight years of continuous daily wage service, strictly in terms of the judgment passed by the Hon’ble Supreme Court in Surjamani’s case (supra) and also the observations made hereinabove. The respondents shall take a decision in terms of this judgment within a period of eight weeks from today.
7.
Pending applications, if any, also stand disposed of. August 06, 2025
( Satyen Vaidya ) (naveen)
Judge