Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, CJ., RANJAN SHARMA
Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishwavidyalaya Palampur, through its Registrar – Appellant
Versus
Bishan Dass – Respondent
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 re
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.
The court affirmed that employees similarly situated must receive equal benefits, emphasizing non-discrimination in service matters under Articles 14 and 16 of the Constitution.
Daily wage workers in Himachal Pradesh are entitled to work charge status from the completion of 8 years of service regardless of subsequent policy abolitions, affirming their rights under Articles 1....
The court ruled that employees must be granted work charge status from the date of completion of eight years of service to ensure fairness and prevent discrimination, aligning with Articles 14 and 16....
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.
Point of Law : Law of Limitation, is not applicable, however principle of delay and laches is attracted for adjudication of a petition under Article 226 of the Constitution of India. The petitioner m....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
