Himachal Pradesh High Court
________________________________________________________ vs The State Of H.P. & Ors on 29 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
Execution Petition No.56 of 2023
in CWPOA No.6348 of 2019
.
Decided on: 29th November, 2023
________________________________________________________
Jai Prakash & anr. ....Petitioner
Versus
The State of H.P. & ors. ....Respondents
of
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
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For the petitioners : Mr. A.K. Gupta, Advocate.
For the respondents : Mr. B.C. Verma, Additional
Advocate General.
Ranjan Sharma, Judge (Oral)
In present Execution Petition, the petitioner is
seeking execution of the judgment passed by the Co-
ordinate Bench of this Court in CWP(OA) No.6348 of
2019, titled as Jai Prakash & anr. versus The State of
H.P. & ors., decided on 20.08.2021 (Annexure E-1). The
operative part of the judgment reads as under:-
Whether reporters of Local Papers may be allowed to see the judgment? Yes
"For the foregoing reasons, the extant writ petition is
allowed, and, the respondents concerned are
directed to, only notionally confer without any
pecuniary benefits, the status of work charge,
.
upon, the writ petitioners w.e.f. 2002, whereat they
have completed eight years of continuous service
with 240 days of continuous service in each of the
calendar years concerned. All pending applications
also stand disposed of."
of
2. Upon issuance of notice on 15.06.2023, Mr.
Rajan Kahol, learned State Counsel has furnished the
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instructions dated 23.11.2023 which encloses an office
order dated 23.11.2023 (Taken on Record), which reads
as under:-
"Now therefore, the claim of the petitioners Sh. Jai
Parkash S/o Sh. Sunder Singh, R/o Village
Dharkiyari, P.O. & Tehsil Nahan, Distt. Sirmour,
H.P. & Sh. Gopal Chand S S/o Sh Kishori Lal,
Village Mohliya Katola, P.O. Sainwala, Tehsil Nahan
District Sirmour, HP for grant of work charge status
on completion of eight years of daily wage service in
the light of Surajmani's case is hereby considered
and granted vide Divisional Forest Officer Nahan
office order No.164/2023-24 dated 23.11.2023
(copy enclosed) w.e.f 01.01.2003 and 01.05.2002
respectively subject to the final outcome of SLP (C)
No(s). 10788/2023 (Diary No.21292) titled as State
of H.P. & ors vs Surajmani and Anr."
3. In view of the office order dated 23.11.2023
issued by the Revisional Forest Officer, Nahan, Forest
.
Division Nahan, as reflected in the instructions dated
23.11.2023 (Taken on Record) since the work charge
status on completion of eight years of Daily Wage service
stands accorded to the petitioners w.e.f. 01.01.2023 and
of
01.05.2002, respectively, subject to the final outcome
of the SLP (C) No(s). 10788/2023 (Diary No.21292),
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titled as State of H.P. & ors vs Surajmani and Anr., no
further orders are required to be passed and the
proceedings are closed.
4. However, in case the petitioners press for
attending benefits, the same may be considered, subject
to the petitioners, furnishing an undertaking to the
department for refund the same, subject to the outcome
of the SLP.
As aforesaid, the instant Execution Petition as
well as the pending application(s), if any, shall stand
disposed of, accordingly.
(Ranjan Sharma)
November 29, 2023 Judge
(Shivender)
.
of
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