IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4236 of 2025 alongwith connected matters Decided on: 25th March, 2025 ------------------------------------------------------------------------------------- 1. CWP No.4236 of 2025 Devi Ram …..Petitioner Versus H.P. State Forest Corporation and another .....Respondents ------------------------------------------------------------------------------------- 2. CWP No.4240 of 2025 Subhash Chand …..Petitioner Versus H.P. State Forest Corporation and another .....Respondents ------------------------------------------------------------------------------------- 3. CWP No.4242 of 2025 Ghanshyam Thakur …..Petitioner Versus H.P. State Forest Corporation and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. A.K. Gupta and Mr. Bonit Thakur, Advocates. For the Respondents: Ms. Himani Verma, Advocate vice Ms. Kiran Dhiman, Advocate. ------------------------------------------------------------------------------------ 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Jyotsna Rewal Dua, Judge Notice. Ms. Himani Verma, Advocate vice Ms. Kiran Dhiman, learned counsel, appears and waives service of notice on behalf of the respondents. 2. Petitioners are serving in the respondent-H.P. State Forest Development Corporation and have prayed for direction to the respondents to grant them work-charge status/regularization of services from the date they completed eight years of service with all incidental benefits. 3. Learned counsel for the parties have jointly submitted that the issue involved in the writ petitions and the reliefs 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-Corporation 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 paras 10, 11 & 12 of the aforesaid decision, which read 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 would also be applicable to the Respondents herein who had approached the Tribunal or the High Court seeking 2 Civil Appeal No.1595 of 2025, decided alongwith connected appeals on 06.02.2025 3 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. 11. We also make it explicitly clear that the State in its endeavour of implementing the orders of the Tribunal, High Court or this Court, if having paid the amounts in excess, would be at liberty to take such steps as it deems fit without insisting for one time recovery. 12. It is further underscored that this judgment would necessarily be a judgment in rem and the State shall hence forth not take recourse to employing personnel as daily wagers but shall make appointments only in accordance with law, as enumerated in the case of Secretary, State of Karnataka Vs. Uma Devi [(2006) 4 SCC 1].” 4. 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 Surajmani1. 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 March 25, 2025 Judge Mukesh