Extracted from the PDF above. The PDF is authoritative.
2026:HHC:15833
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 9035 of 2025
Decided on: 11.05.2026 Sh. Om Parkash
…….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, Dr.
Nidhi Singh, Anshul Gandhi and
Ramesh Kumar Advocates.
For the respondents : Mr. Rahul Thakur, Deputy
Advocate General for respondents –
State.
: Mr. Susheel Gautam, Advocate for
respondent No. 3 and 4.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-
“i) Issue a writ of Mandamus or other appropriate writ Order or direction, directing the Respondents department to consider the case of the petitioner for grant of work charge status/Regularization after completion of nine years of daily wage service i.e. w.e.f. 01.01.1999 with all consequential benefits. ii) Issue a writ of Mandamus or other appropriate writ Order or direction, directing Respondents-department to regularize
1 Whether reporters of the local papers may be allowed to see the judgment?
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2026:HHC:15833
the service of the petitioner from the date of his junior and re-fix the pay of the petitioner and release the entire arrear in favour of the petitioner along with 12% interest. iii) Issue a writ of Certiorari Or other appropriate writ Order or direction for quashing the impugned order dated 17.02.2017 (Annexure P-7) for all intents and purposes and further directing the Respondents department to consider/treat the retirement age of the petitioner as 60 years i.e. 28.02.2019 for all intents and purpose, with all consequential benefits.”
2.
When this case was taken up for consideration today,
learned counsel for the petitioners submits that the present petition is now squarely covered by the judgment of the Hon’ble Coordinate Bench in CWP No.11141 of 2024, titled Urmila Devi versus State of Himachal Pradesh and others, decided on 17.07.2025.
3.
Learned counsel for the respondents could not dispute this fact, but they submit that any order that may be passed by this Court be subject to the legal rights of the respondents to assail the same. Ordered accordingly.
4.
This petition is disposed of with the direction that the present petition is also disposed of in light of the judgment of the Hon’ble Coordinate Bench in CWP No.11141 of 2024, titled Urmila Devi versus State of Himachal Pradesh and others (supra) and the findings returned therein shall mutatis mutandis apply to the
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present petition also. The petitioners shall be conferred work charge status upon completion of 9 year of daily wage service and regularization shall be as from the date when persons junior to them were regularized i.e., w.e.f. 01.01.1999. This shall be with all consequential benefits, but with the condition that the petitioners shall be entitled to notional benefits only from the said date and actual financial benefits shall be fall upon the petitioners from the date of filing of the petition.
5.
This Court is consciously passing the order granting the actual financial benefits as from the date of filing of the petition, rather than three years prior to the filing of the petition, which was earlier done by this Court, as in the peculiar facts of this case, as the petitioners themselves have been quite late after relief was granted to their counterpart in the year 2025 in approaching the Court, therefore, interest of justice shall be served by granting them the actual monetary benefits only from the date of filing of the petition.
Pending miscellaneous application(s) if any also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge May 11, 2026 (narender)