Citation : 2025 Latest Caselaw 955 HP
Judgement Date : 16 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.5443 of 2024
Date of Decision: 16.05.2025
__________________________________________________________
Pitamber Lal .......Petitioner
Versus
State of Himachal Pradesh & Others ....Respondents
__________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Ms. Tanu Chauhan, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr.
Rajan Kahol, Mr. Vishal Panwar and Mr.
B.C.Verma, Additional Advocate Generals and
Mr. Ravi Chauhan, Deputy Advocate General,
for State.
__________________________________________________________
Sandeep Sharma, Judge (oral):
Before reply, if any, could be received on behalf of the
respondents, learned counsel representing the petitioner states that her
client would be content and satisfied in case directions are issued to the
respondents to consider and decide the pending representation
(Annexure P-4), filed by the petitioner in light of judgment dated
06.02.2025 passed by Hon'ble Apex Court in Civil Appeal No.1595 of
2025, titled State of Himachal Pradesh and others vs. Surajmani and
others, wherein it has been reiterated that daily wage employee shall be
entitled to work charge status on his/her completed eight years
continuous service with a minimum of 240 days in each calendar years,
in a time bound manner.
2. Mr. Rajan Kahol, learned Additional Advocate General fairly
states that he is not averse to aforesaid innocuous prayer made on
Whether the reporters of the local papers may be allowed to see the judgment?
behalf of the petitioner and pending representation, if any, filed by the
petitioner, shall be decided, in accordance with law.
3. Having perused the averments contained in the petition as
well as relief prayed therein vis-à-vis judgment sought to be relied upon,
this Court finds that the issue raised in the instant petition already stands
adjudicated by Division Bench of this Court as well as Hon'ble Apex
Court and as such, no prejudice would be caused to either of the parties,
if the respondents are directed to consider and decide the pending
representation (Annexure P-4) of the petitioner in light of aforesaid
judgment.
4. Consequently, in view of the above, present petition is
disposed of with a direction to the respondents to consider and decide
the pending representation (Annexure P-4) of the petitioner in light of
aforesaid judgment expeditiously, preferably within a period of four
weeks. Needless to say, authority concerned while doing the needful in
terms of instant order shall afford an opportunity of being heard to the
petitioner and pass detailed speaking order thereupon. Liberty is
reserved to the petitioner to file appropriate proceedings in appropriate
Court of law, if he still remains aggrieved. Pending application(s), if any,
also stands disposed of.
(Sandeep Sharma), Judge May 16, 2025 (Rajeev Raturi)
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