[Cites 2, Cited by 0]
Himachal Pradesh High Court
Bimla Devi vs Choudhary Sarwan Kumar H.P. Krishi ... on 24 February, 2026
( 2023:HHC:13446 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWPOA No.6182 of 2020
Decided on: 24th February, 2026
Bimla Devi
.
.......Petitioner
versus
Choudhary Sarwan Kumar H.P. Krishi Vishav Vidhalaya and
another
...Respondents
of
Coram
The Hon'ble Mr.Justice Jiya Lal Bhardwaj, Judge.
Whether approved for reporting?1
rt
For the petitioner: Mr. Arun Rana, Advocate.
For the respondents: Mr. Prince Chauhan, Advocate
for respondent No.1.
Mr. Sikander Bhushan, Deputy
Advocate General for
respondent No.2.
Jiya Lal Bhardwaj, Judge (Oral)
The petitioner, by way of present writ petition, is
claiming the relief that the respondents may be directed to
confer/provide work charge status to her on the post of
Beldar (wrongly written as Chowkidar) w.e.f. 01.02.2002
along-with all consequential benefits.
2. It has been pleaded in the petition that the
petitioner was engaged as Beldar on daily wage basis in the
year, 1993. The petitioner had completed 240 days in each
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
( 2023:HHC:13446 )
calendar year and despite completion of eight years of service
on daily wage basis, she was not conferred with work charge
status. As per pleadings, the petitioner had completed 8
.
years of service with 240 days in each calendar year as on
31.12.2001.
3. The respondent-University had filed reply to the
of
writ petition and submitted that the University had decided to
bring only the skilled/Class-III daily paid labourer on work
charge status as
rt per Government policy notified on
08.07.1999 and since the petitioner was neither skilled
worker nor holding Class-III post on daily wage basis in the
respondent-University, her claim for conferring work charge
status w.e.f. 01.01.2002 is not maintainable. It has further
been submitted that there is no work charge establishment
with the respondent-University.
4. Learned counsel for the petitioner has argued that
the issue raised in the instant petition is covered by the
decision rendered in O.A (D) No. 404 of 2018, titled, Sarwan
Kumar vs. Chaudhary Sarwan Kumar Krishi
Vishvidyalaya, Palampur, decided on 20.03.2019 as
affirmed in CWP No. 1396 of 2019, titled, Chaudhary
Sarwan Kumar Himachal Pradesh Krishi Vishvidyalaya
( 2023:HHC:13446 )
vs. Sarwan Kumar decided on 12.01.2023 under the lead
case State of HP and others vs. Surajmani and another.
5. Learned counsel representing the respondent-
.
University has fairly conceded before this Court that the issue
is covered by the judgment in Civil Appeal No.1595 of
2025, titled, State of H.P. and others vs. Surajmani and
another.
of
6. Since the issue raised in the present writ petition
is covered by the dictum of the Hon'ble Apex Court in
rt
Surajmani's case, the respondents are directed to confer the
work charge status upon the petitioner immediately on
completion of eight years service with 240 days in each
calendar year with all consequential benefits. Needless to say
that the arrears, if any, will be given to the petitioner in terms
of the decision in Surajmani's case (supra) within a period of
three months from today.
7. The writ petition is disposed of in the aforesaid
terms, so also the pending applications, if any.
( Jiya Lal Bhardwaj )
February 24, 2026 Judge
(naveen)
