Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 4785 (HP)

SANJAY BHATTI v. THE STATE OF HP AND OTHERS

CWP/5905/2026 · 2026-04-23

Ajay Mohan Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:13050 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5905 of 2026 Decided on: 23.04.2026 Sanjay Bhatti … 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 : M/s Chandranarayana Singh and Anshul Gandhi, Advocates. For the respondents : Mr. Rahul Thakur, Deputy Advocate General for respondents No. 1 and 2. : Mr. Susheel Gautam, Advocate for respondents No. 3 and 4. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Rahul Thakur, learned Deputy Advocate General and Mr. Susheel Gautam, learned Counsel, accept notice on behalf of respondents No. 1 and 2 & respondents No. 3 and 4, respectively. 2. By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:- “(i) i) Issue a writ of Mandamus or other appropriate writ order or direction directing the respondents to grant Work charge status to the Petitioner on his completion of eight years of regular daily wage service i.e. w.e.f. 14.06.2004 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:13050 with all consequential benefits. ii) Issue a writ of Mandamus or other appropriate writ order or direction directing the respondents to regularize the daily wage services of the Petitioner on the post of Graphics Designer/Photographer w.e.f. the due date i.e. 14.06.2004 on completion of eight years of daily wager services, in the Respondent Forest Department, with all consequential benefits. iii) Issue a writ of Mandamus or other appropriate writ order or direction directing the Respondents to pay the equal pay and perks to Petitioner from the initial date of his appointment or after completion of eight years of daily wage service as paid to regular employees of the government department in terms of the law laid down by the Hon'ble Apex Court of India with all consequential benefits. iv) Issue a writ of Mandamus or other appropriate writ order or direction directing the respondents to re-fix the pay of the Petitioner and pay the entire consequential benefits in favour of the Petitioner with in time bound manner along with 12% Interest.” 3. Learned Counsel for the petitioner has drawn the attention of the Court to Annexure P-8, order dated 09.01.2024 and submitted that earlier also, the petitioner had approached the Court by way of CWP No. 7749 of 2023, titled as Sanjay Bhatti vs. State of H.P. and others, which petition was disposed of by the Court with direction to the respondents to take a call on the representation of 3 2026:HHC:13050 the petitioner. Learned Counsel further submitted that in terms of Annexure P-8, dated 09.01.2024, the Authority passed the order that as the case of the petitioner was similar to the one decided in CWP No. 6604 of 2021, titled as Yudhbir Singh vs. State of H.P. and others and connected matters, adjudication made wherein was assailed before the Hon’ble Supreme Court, therefore, the case of the petitioner shall be considered and decided in accordance with the orders/judgment of the Hon’ble Apex Court as the case of the petitioner and that of Yudhbir Singh was similar. Learned Counsel further submitted that now the adjudication in said case has been made by Hon’ble Supreme Court of India and therefore, the respondents be directed to at least confer the same benefits upon the petitioner as stand granted to Sh. Yudhbir Singh. 4. In light of the fact that the petitioner is relying upon the order that stands passed by the respondents-Authorities, who themselves admit that the case of the petitioner is akin to that of Yudhbir Singh, this petition is disposed of with the direction that respondents shall confer the same benefits upon the petitioner, by treating the direction passed in Yudhibir Singh’s case, as having been passed in this case also. Daily wage service rendered by the petitioner shall be regularized from due date notionally and actual benefits shall accrue three years preceding the date of filing of the writ petition by the petitioner and needful be done within a period of three months from today. This order is being passed as now there is 4 2026:HHC:13050 no dispute that the matter which was pending before the Hon’ble Apex Court, on account of pendency whereof, the Authorities were deferring the decision, stands adjudicated by Hon’ble Supreme Court of India. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 23, 2026 (narender)