2026:HHC:11064 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 608 of 2024 Decided on: 08.04.2026 Shankar Dass …….Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Ashwani Chawla, Advocate. For the respondents : Mr. Pushpender Jaswal, Addl. Advocate General for respondents No. 1 to 4. : Mr. Karun Negi, Advocate for respondent No. 5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:- “(A) That the respondents may kindly be ordered to grant gratuity for the daily wage period rendered by the petitioner in accordance with law under the Payment of Gratuity Act, 1972 along with interest @ 9% from due date till its payment. (B) That the respondents may kindly be directed to condone the short fictional breaks given to the petitioner in the year 1998 and thereafter grant him work charge status on completion of 8 years of service. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:11064 C) That the respondents may kindly be directed to process the case of the petitioner for pension after granting him work charge status after 8 years of continuous service in a time bound manner. (D) That the respondents may kindly be directed to sanction pension and other retiral benefits to the petitioner in a time bound manner along with interest from due date till its payment. (E) That the respondents may kindly be directed to grant benefit of 2 years of regular service for pension against the daily wage service rendered by the petitioner.” 2. Brief facts necessary for the adjudication of this petition are that according to the petitioner, he was engaged as a daily wager w.e.f. 01.11.1996. In the year 1997, the petitioner completed 240 days. However, in the year 1998, he could not complete 240 days on account of certain fictional breaks given to him, as also on account of his illness. Further, as per the petitioner, as from the year 1999 onwards, he completed more than 240 days in each calendar year. His services were regularized in the year 2010 and he stood retired from service in the year 2019. For want of 10 years of regular service, he has been denied pension and feeling aggrieved, he has approached this Court praying for the reliefs already enumerated 3 2026:HHC:11064 hereinabove. 3. Learned Counsel for the petitioner argued that in the light of the fact that the petitioner was entitled for conferment of the work charge status post eight years of his engagement as a daily wager, he should have been conferred the work charge status in the year 2004 by condoning the fictional breaks given to him in the year 1998 and the act of respondents of not doing so is bad in law. Learned Counsel further submitted that this petition be allowed by directing the respondents to confer work charge status upon the petitioner post completion of 8 years of service as from the date of his initial engagement as a daily wager with further direction to the respondents to grant pension to him by taking into account the work charge service for computing his eligibility for the grant of pension. 4. On the other hand, learned Additional Advocate General argued that though the petitioner completed 240 days in the year 1997, but in the year 1998, he did not complete 240 days. Learned Additional Advocate General argued that no fictional breaks were given to him and whatever service was rendered by him, was duly entered in the register and as the petitioner worked for 190 days only in the year 1998, therefore, the prayer of the petitioner that the same be treated as 240 days by condoning shortage/fictional breaks, 4 2026:HHC:11064 cannot be acceded to. Learned Additional Advocate General further argued that as from the year 1999, the petitioner did complete 240 days in each calendar year and his services were accordingly regularized upon availability of vacancy in the year 2010. He further argued that as the petitioner did not complete 10 years of regular service as on the date of his superannuation, he is not entitled for the grant of pension and therefore, the petition is without any merit and the same be accordingly dismissed. 5. I have heard learned Counsel for the petitioner as well as learned Additional Advocate General and also gone through the pleadings as well as documents appended therewith. 6. At the outset, this Court would like to make an observation that in light of the fact that the petitioner was engaged on daily wage basis in the month of November, 1996 and as he did not complete 240 days in the year 1998, therefore, prayer as made by the petitioner that it be deemed that in the year 1998, he had completed 240 days by condoning the fictional breaks given to him, is not being acceded to. 7. It is a matter of fact and record that the petitioner did not complete 240 days in the year 1998 and therefore, service rendered by him either in the year 1998 or before it cannot be taken 5 2026:HHC:11064 into consideration for deciding this petition. 8. Now coming to the year 1999 and onwards, it is not in dispute that the petitioner did complete 240 days in each calendar year as from the year 1999. In fact, in terms of Annexure P-1, the petitioner as from the year 1999 onwards, completed more than 300 days in each calendar year. That being the case, this Court is of the considered view that the petitioner was at least entitled for conferment of work charge status from the date of completion of 8 years of daily wage service with 240 days in each calendar year as construed from the year 1999. This is in terms of the judgment of this Court in Suraj Mani’s case which issue now finally stands decided by Hon’ble Supreme Court of India in Civil Appeal No. 1595 of 2025, titled as The State of Himachal Pradesh and others vs. Surajmani and another, on 06.02.2025, in which, Hon’ble Supreme Court has again held on the basis of the adjudications of the Hon’ble Supreme Court itself in Ashwani Kumar and Mool Raj Upadhyay’s cases that a daily wager shall be entitled for the grant of work charge status from the date of completion of 8 years of service. Therefore, the denial of work charge status to the petitioner upon completion of 8 years of service, with 240 days in each calendar year as from the year 1999, is bad in the eyes of law. Had the work 6 2026:HHC:11064 charge status been conferred upon the petitioner at the appropriate time, he obviously would have been rendered eligible for the receipt of pension because work charge service is included for computing the eligibility of an employee for the grant of pension, coupled with the regular service, if any, rendered by the employee. 9. Accordingly, in view of above discussion, this petition is partly allowed. The act of the respondents of not conferring the work charge status upon the petitioner, upon completion of 8 years of daily wage service as from the year 1999 onwards, with more than 240 days in each calendar year, is held to be bad in law. The respondents are directed to confer work charge status upon the petitioner, upon completion of 8 years of service as from the year 1999 and add the same to the regular service of the petitioner for the purpose of computing the eligibility for the grant of pension and grant him due and admissible pension from the date three years preceding the filing of this petition. 10. It is clarified that no other benefit of work charge service, except computing the same for the purpose of eligibility of the petitioner to receive the pension, shall be given. 11. Arrears of pension, to which the petitioner may be entitled, be paid to him within a period of three months from today, 7 2026:HHC:11064 failing which, the petitioner shall be entitled to simple interest @ 6% per annum on the due amount from the date of the judgment. Let regular pension, if any, be paid to the petitioner from the month of May, 2026 onwards. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 08, 2026 (narender)