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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, CJ, RANJAN SHARMA
Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Palampur, through its Registrar – Appellant
Versus
Balwant Singh – Respondent
JUDGMENT :
(Ranjan Sharma, J.)
Appellant-University has come up before this Court, assailing the judgement, In Re; Balwant Singh versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishwavidyalaya, Palampur, i.e. in CWPOA No. 7038 of 2019, dated 07.05.2024 [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. 1119 of 2016 [which upon abolition of State Administrative Tribunal was converted as CWPOA No. 7038 of 2019] with the assertion that he was engaged as a daily paid labourer in Appellant-University w.e.f. 16.08.1993 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 th
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.
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 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....
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....
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.
Labour Law – Claiming benefits - Petitioners can only be denied the interest on eligible benefits and not benefits as such, which accrued on them as per policy and under which policy, department was ....
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