Himachal Pradesh High Court
Yoginder Kumar vs Chaudhary Sarwan Kumar Himachal ... on 24 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No.9262 of 2023
Decided on: 24th November, 2023
__________________________________________________________
.
Yoginder Kumar
....Petitioner
Versus
Chaudhary Sarwan Kumar Himachal Pradesh
Krishi Vishvavidyalaya Palampur
......Respondent
Coram
of
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioner:
rt Mr. Sat Prakash, Advocate.
For the respondent: Mr. Vijay Kumar, Advocate vice
Mr. Prince Chauhan, Advocate.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Vijay Kumar, Advocate vice
Mr. Prince Chauhan, learned Standing Counsel, appears
and waives service of notice on behalf of the sole
respondent.
2. The petitioner has filed the instant writ petition,
with the following prayers:-
"(i) That the respondent University may kindly be
directed to regularize the services of the
petitioner from due date w.e.f. 01-01-2002 on
Whether reporters of Local Papers may be allowed to see the judgment?
completion of 8 years daily wage service
rendered by the petitioner.
(ii). To grant benefit of refixation of pay of the
petitioner with effect from 01-01-2002 with all
.
consequential benefits as per the law laid down
by the Hon'ble Apex Court and this Hon'ble
Court in the interest of justice and fair play."
3. The petitioner in the above petition was Daily
Wage Worker, working in the Respondent-University and
of
has been regularized by the University in the year 2007,
which is not in dispute.
rt
4. Case of the petitioner, as submitted by learned
counsel is that the petitioner was claiming 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 Sarwan Kumar
dated 16.09.2023, Annexure P-2.
5. Per contra, at this stage, learned counsel
appearing 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. 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.
.
6. Faced with this situation, learned counsel for
the petitioner submits that though the Respondent-
University has filed a SLP which is pending before the
Hon'ble Apex Court but no interim protection has been
of
granted to the University by the Hon'ble Apex Court.
7. In the above background, learned vice counsel
rt
for the petitioner, on instructions, submits that the
petitioner may be permitted to make a representation to
the Registrar of the Respondent-Chaudhary Sarwan Kumar
Krishi Vishvavidyalaya, within three weeks from today;
with further directions to the aforesaid respondent to
examine the case of the petitioner and then to pass
appropriate orders, in accordance with law, within six
weeks, thereafter.
8. Needless to say that, this Court has not adverted
to the rival contentions and 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 24, 2023
(Bhardwaj)
of
rt
