Himachal Pradesh High Court
Milkhi Ram vs Chaudhary Sarwan Kumar on 6 November, 2023
Bench: Ranjan Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 8457 of 2023 a/w
connected matter
Decided on: 06.11.2023
.
1. CWP No. 8457 of 2023
Milkhi Ram
........Petitioner
Versus
Chaudhary Sarwan Kumar, .......Respondents
H.P. Krishi Vishvavidyalaya Palampur
2. CWP No. 8458 of 2023
Mehar Chand ........Petitioner
r Versus
Chaudhary Sarwan Kumar, .......Respondents
H.P. Krishi Vishvavidyalaya Palampur
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioner(s) : Mr. A.K. Gupta, Advocate, in
both the petitions.
For the respondent(s) : Mr. Janesh Mahajan, Advocate,
in both the petitions.
Ranjan Sharma, Judge (Oral)
Learned counsel for the petitioners submits
that in all these petitions, the relief(s) claimed, is similar
and, therefore, the same may be taken up together.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
2. The petitioners in the above petitions are
Daily Wage Workers, working in the Respondent-
University. The petitioner, namely, Milkhi Ram in CWP
.
No.8457 of 2023 and petitioner, namely, Mehar Chand in
CWP No.8458 of 2023 were regularized by the University in
the year 2008 and 2007, respectively, which is not in
dispute. Now, by way of the present petitions, the
petitioners are seeking the following relief(s):-
"i)
r to
That the respondents may be ordered to grant
work charge status to the petitioner, on
completion of 8 years service, with all benefits
incidental thereof, as has been done in the
case of Sh. Sarwan Kumar, a similarly
situated employee."
3. Case of the petitioners, as submitted by the
learned counsel is that petitioners are claiming the
work charge status on completion of eight years of service
with all consequential benefits incidental thereof, as has
been conferred by the Respondent-University to one Shri
Sarwan Kumar vide office order dated 16.09.2023,
Annexure P-3. In view of this, Mr. A.K. Gupta, learned
counsel submits that once benefit of Work Charge Status
on completion of eight years of daily waged service has
been granted to one Shri Sarwan Kumar, then the
petitioner(s), being similarly placed cannot be singled out,
discriminated and devoid of higher status, higher pay
.
fixation and other service benefits, which is voilative of
Articles 14 & 16 of the Constitution of India.
4. Per contra, at this stage, learned counsel for the
Respondent-University submits that Sarwan Kumar has
been granted the benefit on the basis of the judgment
passed by this Court in CWP No. 1396 of 2019, decided
on 12.01.2023 as referred in Annexure P-3. He further
submits that the Respondent-University has filed a SLP
vide Diary No.28840 of 2023 titled as CSKHPKV vs.
Sarwan Kumar, which is pending before the Hon'ble Apex
Court.
5. Faced with this situation, learned counsel for
the petitioners submit that though the Respondent-
University has filed a SLP which is pending before the
Hon'ble Apex Court but no interim protection has been
granted to the University by the Hon'ble Apex Court.
6. In the above background, learned counsel for
the petitioners, on instructions submits that the
petitioner(s) may be permitted to make representation to
the Respondent No.1-Registrar Chaudhary Sarwan Kumar
Krishi Vishvavidyalaya, Palampur within three weeks from
today; with further directions to the aforesaid respondent-
.
authority to examine the case of the petitioner(s) and then
to pass appropriate orders, in accordance with law, within
six weeks, thereafter.
7. Needless to say that, this Court has not
adverted to the merits of the matter and all questions
of facts and law are left open.
In aforesaid terms, the Writ Petition as well as
the pending miscellaneous application(s), if any, also stand
disposed of, accordingly.
(Ranjan Sharma)
Judge
November 6, 2023
(shivender)
