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2026 DAILYLAW 22039 (HP)

Thakur Dass v. STATE OF HP

CWPOA/2526/2019 · 2026-09-07

Ranjan Sharma

body2026

Judgment text

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2026:HHC:37903 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.2526 of 2019 Decided on: 07.09.2026. ________________________________________________________ Thakur Dass ...Petitioner Versus The State of HP & Others ...Respondents Coram: Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Vishwa Bhushan, Advocate. For the respondents: Mr. Sumit Sharma, Deputy Advocate General. Ranjan Sharma, Judge Petitioner, Thakur Dass, had filed CWP No.3802 of 2014 before this Court and upon establishment of State Administrative Tribunal, the matter was transferred to the Tribunal; and now upon its abolition, the same has been re-transferred to this Court, as CWPOA No.2526 of 2019, seeking the following relief(s):- “1. That writ in the nature of mandamus may kindly be issued and the respondent State may very kindly be directed to extend the benefit of work charge status to the present petitioner by quashing the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2026:HHC:37903 - 2 - annexure P-2 i.e. order of the respondent No.2. 2. That the service rendered by the present petitioner after completion of 10 years may very kindly be counted for the purpose of the seniority and increments will all consequential benefits.” 2. Learned Counsel for the petitioner as well as State Counsel are ad idem that the relief claim in instant petition, is no longer res integra, in view of the mandate of Hon’ble Supreme Court in Civil Appeal No.1595 of 2025, titled State of Himachal Pradesh v. Surajmani & Another, on 06.02.2025 entitling the daily wagers for work charge status from the date they complete years of continuous daily wage service. 3. Even, the Hon’ble Division Bench of this Court in LPA No.231 of 2025, titled State of Himachal Pradesh and Others v. Gita Ram Sharma, after following the mandate of Hon’ble Supreme Court in the case of Surajmani (supra) entitled the daily wagers in all departments, throughout the State for grant of work charge status, irrespective, as to whether the work charge cadre 2026:HHC:37903 - 3 - existed or not, which is not a condition precedent for grant of work charge status to the daily wagers in State of Himachal Pradesh. 4. Since mandate of law in the case of Surajmani and Gita Ram Sharma (supra) is not disputed by Learned Counsel(s) for the parties, still this Court feels it appropriate that the matter be examined by verifying the Mandays of the petitioner. 5. In aforesaid backdrop, consequently, rejection order dated 11.12.2012 [Annexure P-2] is declared inoperative with direction to the State Authorities, to consider the claim of the petitioner for conferment of work charge status from the date he completes eight years of continuous daily wage service, subject to verification of Mandays; and upon consideration, in case the petitioner is found eligible and entitled for work charge status then, the eligible benefits shall entail notionally, in terms of the judgment of Hon’ble Supreme Court in the case of Surajmani followed by the Hon’ble Division Bench in the case of Gita Ram Sharma (supra). Directions passed in terms of this judgment 2026:HHC:37903 - 4 - shall be complied with by the Respondents herein, within six weeks from today. In aforesaid terms, the present petition and all the pending miscellaneous application(s), if any, stand disposed of. (Ranjan Sharma) Judge September 07, 2026 [Shivender]