Citation : 2025 Latest Caselaw 963 HP
Judgement Date : 16 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7459 of 2025
Date of Decision: 16.05.2025
_____________________________________________________________________
Tej Singh .........Petitioner
Versus
HP State Forest Corporation & Anr. .......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Ms. Babita Chauhan, Advocate.
For the respondents: Ms. Kamakshi Tarlokta, Advocate.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for
following main relief:-
"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."
2. Before the issue raised in the instant petition could
be heard and decided on its own merit, 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 case of 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 having completed eight years
continuous service with a minimum of 240 days in each calendar
years, in a time bound manner. Learned counsel representing
the respondents is not averse to aforesaid innocuous prayer
made on behalf of the petitioner.
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 case of the
petitioner in light of judgment supra.
4. Consequently, in view of the above, the present
petition is disposed of with a direction to the respondents to
consider and decide the case 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 appropriate orders 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.
May 16, 2025 (Sandeep Sharma),
(sunil) Judge
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