The court established that employees in similar positions must be treated equally, and denial of benefits constitutes discrimination under Articles 14 and 16 of the Constitution.

JUDGMENT :

(Ranjan Sharma, J.)

Appellant-University has come up before this Court, assailing the judgement, In Re; Bishan Dass versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishwavidyalaya, Palampur, i.e. in CWPOA No. 5815 of 2019, dated 17.05.2024 [Annexure A-1], {referred to as the Impugned Judgement} whereby, the Learned Single Judge had directed Appellant-University to confer work charged status to Respondent-Employee herein, on analogy on which, it has been conferred upon another employee(s), Sarwan Kumar [petitioner in CWP No, 1396 of 2019 decided on 12.01.2023 at Sr. No. 89 in bunch of connected cases alongwith LPA No. 165 of 2021, In Re: State of Himachal Pradesh and others versus Surajmani and another].

FACTUAL MATRIX BEFORE WRIT COURT:

2. Respondent-Employee herein had filed an Original Application No. 4975 of 2015 [which upon abolition of State Administrative Tribunal was converted as CWPOA No. 5815 of 2019] with the assertion that he was engaged as a daily paid labourer in Appellant-University w.e.f. 1.1.1994 and was regularized in service after 14 years continuous service in terms of the applicable/adopted policy on 15.06.2007 [Annexure A-1]. Notwithstanding the regularization after 14 years, the petitioner claimed benefit of regularization after completion of eight years of continuous service as has been extended to other similar persons as mentioned in [Annexure A-2]. During the pendency of proceedings before the Writ Court, the Respondent-Employee herein, filed an application [CMP(T) No. 245 of 2024], with the assertion that the case of Respondent-Employee is squarely covered for conferment of work charged status from the date of completion of eight years continuous service in terms of the judgement in CWP No. 1396 of 2019 titled as CSKHPKV versus Sarwan Kumar decided on 12.01.2023. In the aforesaid application, it was also mentioned that the judgement in the case of Sarwan Kumar [supra] has been implemented by passing an office order on 16.09.2023 [in case of Sarwan Kumar] and another order dated 11.03.2024 in case of eight other similar employees [Annexure A-1], by granting work charge status from the date of completion of eight years continuous service as daily waged worker.

2(i). It was asserted by Respondent-Employee that once work charge status has been conferred on Sarwan Kumar and others eight incumbents in terms of orders dated 16.09.2023 and 11.03.2024 then, similar treatment may be extended to him by conferring work charge status from the date of completion of eight years continuous service whereas the denial of consideration and resultant work charged status to the respondent-employee on the analogy on which it was given to other similar incumbents was arbitrary, discriminatory, resulting in hostile discrimination and by adopting a pick and choose method has visited the Respondent- Employee of civil consequences, resulting in denial of higher status and pay fixation is recurring loss till day.

STAND OF APPELLANT-UNIVERSITY IN WRIT PROCEEDINGS:

3. Appellant-University filed a reply with the averments that the University adopted the State Government policy dated 08.07.1999 [Annexure R-1] vide notification dated 02.03.2000 [Annexure R-2] which provided for regularization on completion of eight years continuous service on 31.03.1999 against available vacant posts or by creation of posts. Reply-affidavit stated that another policy was issued by the State Government on 09.06.2006 [Annexure R-III], which was adopted by the University on 14.06.2007 [Annexure R-IV] providing for considering the cases of daily waged/contingent paid worker who had completed eight years continuous service as on 31.03.2004 for regularization against available vacancy and with the averments that regularization shall have prospective effect.

3(i). Even in Para 3 and Para 6 (vii) of the Reply-Affidavit, the Appellant-University admitted that the Respondent-Employee had completed eight years of continuous service of 240 days in each