Work-charge status can be conferred after 8 years of service regardless of the existence of a work-charge establishment, as affirmed by established precedents.

JUDGMENT :

Vivek Singh Thakur, J.

Appellants-State by way of this appeal has assailed judgment dated 03.01.2024 passed by learned Single Judge, in CWP No.5920 of 2021, titled as Jogi Ram vs. State of H.P. and others, whereby after considering judgment dated 28.07.2010 passed in CWP No.2735 of 2010, titled as Rakesh Kumar vs. State of H.P. and others, and judgment dated 10.05.2018 passed in CWP No.3111 of 2016, titled as State of H.P. and others vs. Ashwani Kumar, respondents have been directed to grant Work Charge status to the petitioner from the date he had completed 8 years of service on daily wage basis, but restricting the financial benefits of such conferment of Work Charge status from3 years prior to filing of the petition.

2. The parties are being referred as per their status in the writ petition.

3. In the petition, principal and only argument to deny the Work Charge status to the petitioner was pressed by taking a plea that Department of Panchayati Raj has no Work Charge establishment.

4. Learned Single Judge has observed that no other contention was raised or urged.

5. In this appeal also main and only ground taken to assail the aforesaid judgment is that Panchayati Raj Department has no Work Charge establishment and, therefore, Work Charge status cannot be conferred upon the respondent on completion of 8 years of daily wage service.

6. Issue regarding conferment of Work Charge status on completion of 8 years in the Department having no Work Charge establishment is no longer res integra as it stands settled in various judgments of this High Court, some of which were assailed by the State in the Supreme Court by filing SLPs, which were dismissed by the Supreme Court.

7. For justifying the denial of work-charge status to the petitioners on completion of 8 years, learned counsel for the respondent-State has referred to judgments of the Supreme Court in State of Rajasthan vs Kunji Raman, (1997) 2 SCC 517; Jaswant Singh & Ors. vs Union of India & Ors, (1979) 4 SCC 440;State of Maharashtra vs Purshottam & Ors., (1996) 9 SCC 266; and judgment dated 28.07.2010 of the High Court passed in CWP No.2735 of 2010, titled Rakesh Kumar & Ors. vs State of HP.

8. Plea has also been taken on behalf of respondents- State that in view of judgment in Jaswant Singh and others vs. Union of India and others, (1979) 4 SCC 440, petitioner is not entitled for the claim to confer work charge status upon him on completion of requisite number of years as the University was and is not having any work charge establishment.

9. Term “work-charge”, in Jaswant Singh & Ors. vs Union of India & Ors, (1979) 4 SCC 440; State of Maharashtra vs. Purshotam and other (1996) 9 SCC 266; and State of Rajasthan vs. Kunji Raman (1997) 2 SCC 517, is in different context, whereas this term, in Himachal Pradesh, is used in different context. A person, working on daily-waged basis, before his regularization, is granted work-charged status on completion of specified number of years as daily-wager and effect thereof is that thereafter non-completion of 240 days in a calendar year would not result into his ouster from the service or debar him from getting the benefit of length of service for that particular year. Normally, work-charged status is conferred upon a daily- wager, on accrual of his right for regularization, on completion of prescribed period of service, but non regularization is for want of regular vacancy in the department or for any other just and valid reason. Therefore, it is a period interregnum daily-wage service and regularization, which is altogether different form the temporary establishment of work-charge, as discussed in the judgment of the Apex Court relied upon by the State and, for practice in Himachal Pradesh, work-charged status is not conferred upon the person employed in a project but upon such daily-wage workers, who are to be continued after particular length of service for availability of work but without regularization for want of creation of post