Shri Dula Ram vs State Of Himachal Pradesh
2022 Latest Caselaw 2017 HP

                                                              .
    IN     THE    HIGH    COURT    OF   HIMACHAL         PRADESH,            SHIMLA





                         ON THE 19th DAY OF APRIL, 2022
                                 BEFORE
                   HON'BLE MR. JUSTICE SANDEEP SHARMA





         CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 652 OF 2020

           Between:





           SHRI DULA RAM,
           S/O SH. PRITAM
           R/O VILLAE SIDHOTI,
           P.O. PANOG, TEHSIL SHILAI,
           DISTRICT SIRMOUR, H.P.
                         r                                        ....PETITIONER

           (BY MR. V.D. KHIDTTA,
           ADVOCATE)

           AND



    1.     STATE OF HIMACHAL PRADESH
           THROUGH ITS SECRETARY
           (PWD) TO THE GOVT. OF HIMACHAL PRADESH




            SHIMLA-2.

    2.     THE ENGINEER-IN-CHIEF, HPPWD,





           NIGAM VIHAR, SHIMLA-2

    3.     THE SUPERINTENDING ENGINEER,





           12TH CIRCLE HPPWD NAHAN,
           DISTRICT SIRMOUR, H.P.

    4.     THE EXECUTIVE ENGINEER,
           SHILLAI DIVISION, HPPWD SHILLAI,
           DISTRICT SIRMOUR, H.P.

                                                               ....RESPONDENTS
           (BY MR. SUDHIR BHATNAGAR




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          AND MR. DESH RAJ THAKUR,




                                                                      .
          ADDITIONAL ADVOCATES GENERAL





          WITH MR. NARENDER THAKUR,
          DEPUTY ADVOCATE GENERAL,
          FOR THE STATE)





    Whether approved for reporting?.
    This petition coming on for hearing this day, the Court passed the following:

                                          ORDER

Though reply to the petition stands filed but before case at

hand could be heard and decided on its own merits, learned counsel for the

petitioner, on instructions, states that petitioner would be content and

satisfied in case his case is ordered to be decided in light of judgment dated

10.5.2018, passed by Division Bench of this Court in CWP No. 3111 of

2016, titled State of HP and Ors v. Ashwani Kumar, which has been

further upheld by the Hon'ble Apex Court.

2. Having carefully perused reply filed by the respondents, this

Court finds that conferment of the work charge status is being denied

/opposed on the ground that work charge establishment ceased to exist in

the department of PWD w.e.f. 19.8.2005, however, the Division Bench of

this Court in judgment dated 10.5.2018, passed in CWP No. 3111 of 2016

titled State v. Ashwani Kmar has categorically held that work charge

establishment is not a prerequisite for conferment of work charge status.

Aforesaid finding rendered by the Division Bench of this Court has

already attained finality as the SLP having been filed by the State against

.

the aforesaid judgment has been dismissed.

4. Consequently, in view of the above, present petition is disposed

of with direction to the respondents to consider and decide the case of the

petitioner in light of the aforesaid judgment rendered by the Division Bench

of this Court in Ashwani Kumar's case supra, expeditiously, preferably

within six weeks. Needless to say, authority concerned while doing the

needful shall afford an opportunity of hearing to the petitioner and pass a

speaking order.

Liberty is reserved to the petitioner to file appropriate

proceedings before appropriate court of law, if he still remains aggrieved.

Pending application(s), if any, also stands disposed of accordingly.

    19th April, 2022                                (Sandeep Sharma),
         (manjit)                                          Judge