Joginder Singh vs Cskhpkvv
2023 Latest Caselaw 16078 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                     Civil Writ Petition No.7583 of 2023
                                           Date of Decision: 11.10.2023
    _____________________________________________________________________





    Joginder Singh
                                                                  .........Petitioner
                                           Versus
    CSKHPKVV
                                                                 .......Respondent





    Coram

    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the Petitioner:       Mr. Sat Prakash, Advocate.

    For the respondents: Mr. Prince Chauhan, Advocate.
    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

Learned counsel for the parties have submitted that the

instant petition is liable to be disposed of in terms of the decision

given by this Court in LPA No.165 of 2021, titled as State of

Himachal Pradesh & Others vs. Surajmani and Another, decided on

12.1.2023, alongwith connected matters.

2. Operative portion of the order dated 12.1.2023, passed in

LPA No.165 of 2021 reads as under:-

"57. In view of the above, the writ petitions filed by the employees are allowed and the respondents are directed to grant work charge status to the employees from the date they had completed eight years of service on daily wage basis in terms of the decision given by this Court in Ashwani Kumar's case supra. However, benefits consequent to conferment of

work charge status in terms of instant judgment shall be restricted to three years for the period prior to filing of petition.

.

58. The Letters Patent Appeal(s), which have been filed by the

respondents/State/employer against the orders passed by learned Single Judge, including LPA No.165 of 2021, as well as

writ petitions filed by the respondents/State/employer against the orders passed by the Tribunal, are dismissed with the clarification that the benefits consequent on conferment of work charge status in terms of the judgment passed by the learned

Single Judge shall be restricted to three years for the period prior to filing of petition."

3. Since the case of the petitioner is squarely covered by the

decision of this Court in LPA No.165 of 2021, consequently, this

petition is disposed of in terms of the decision of this Court in LPA

No.165 of 2021, titled as State of Himachal Pradesh & Others vs.

Surajmani and Another, decided on 12.1.2023. Pending

miscellaneous application(s), if any, shall also stand disposed of.

    October 11, 2023                                         (Sandeep Sharma),
    manjit                                                         Judge