Between vs State Of H.P. & Ors.
2022 Latest Caselaw 7077 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 23rd DAY OF AUGUST, 2022




                                                         .

                               BEFORE

           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                &

                 HON'BLE MR. JUSTICE VIRENDER SINGH

                 CIVIL WRIT PETITION NO. 5094 OF 2022




1.
     Between:-

     KARNAIL

                SINGH   AGED

     YEARS, S/O SH. MINYA RAM,
                                52

     R/O VILALGE DHARMUNU, P.O.
     BHALEL,    TEHSIL   SALOONI,
     DISTRICT             CHAMBA,
     OCCUPATION PEON.


2.   KEHAR SINGH, AGED 57 YEARS,
     S/O SH. GIANU, R/O VILALGE
     BHING, P.O. ATHED, TEHSIL
     SALOONI, DISTRICT CHAMBA,




     H.P. OCCUPATION PEON.
3.   JAGDISH   CHAND     S/O   SH.
     MANSA RAM, AGED 51 YEARS,





     R/O VILLAGE & P.O. BHALEI,
     TEHSIL   SALOONI,    DISTRICT
     CHAMBA,     H.P.  OCCUPATION





     PEON.
                                                      ....PETITIONER
     (BY MS.   DIVYA     PATHANIA,
     ADVOCATE)

     AND

1.   STATE OF HIMACHAL PRADESH
     THROUGH ADDITIONAL CHIEF
     SECRETARY FOREST TO THE
     GOVERNMENT OF HIMACHAL
     PRADESH.




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2.   PRINCIPAL     CHIEF   FOREST
     CONSERVATOR      OF   FOREST,
     TALLAND, SHIMLA-1.




                                                                  .
3.   DIVISONAL FOREST OFFICER,





     CURAH,    DIVISION  SALOONI,
     DISTRICT CHAMBA, H.P.
                                                          ....RESPONDENTS
     (SH. ASHOK SHARMA, A.G.





     WITH SH. VINOD THAKUR, SH.
     SHIV PAL MANHANS, ADDL.
     A.GS., SH. RAJAT CHAUHAN,
     LAW OFFICER)





     This Petition coming on for orders this day, the Hon'ble Mr.
     Justice Tarlok Singh Chauhan, passed the following:-

                                      ORDER

The instant petition has been filed for the grant of

following reliefs:-

I. That a writ in the nature of mandamus may kindly be directed in favour of the petitioners and respondent may kindly be directed to grant conferment of work charge

status of service after completion of service w.e.f. 2001 &

2002 respectively in favour of the petitioners alongwith all consequential benefits.

2. According to the learned counsel for the petitioners,

the issue in question is squarely covered by the judgment of

Division Bench of this Court in a batch of petitions lead case

being CWP No. 2735 of 2010, titled as Rakesh Kumar vs.

State of H.P. & Ors., decided on 28.07.2010. However, this

is a matter, which is required to be considered by the employer-

respondents.

3. Accordingly, we deem it proper to dispose of this

petition by directing the respondents to consider the case of the

.

petitioners to grant conferment of work charge status subject to

eligibility strictly in accordance with the judgment rendered in

Rakesh Kumar's case (supra). In case(s) of the petitioners or

any one of them is found to be covered by the aforesaid

judgment, then the same and similar benefits be extended to

him/them within a period of eight weeks from today.

4. The petition stands disposed of in the aforesaid

terms, so also pending applications, if any.

For compliance to come up on 18.10.2022.

                                                  (Tarlok Singh Chauhan)
                                                            Judge






                                                      (Virender Singh)
         rd
    23        August, 2022                                 Judge
              (sanjeev)