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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.Sandhawalia, Ranjan Sharma
The State of Himachal Pradesh and others – Appellant
Versus
Hamila Devi – Respondent
| Table of Content |
|---|
| 1. engagement and regularization of daily wagers. (Para 2) |
| 2. arguments against granting work charge status. (Para 4 , 6) |
| 3. legal principles on work charge status established. (Para 7 , 10) |
| 4. limitations on benefits and differentiation of roles for daily wage workers. (Para 11 , 12) |
| 5. final directions for work charge status and benefits granted. (Para 13 , 15) |
JUDGMENT
Ranjan Sharma, Judge
State Authorities, being the appellants, have come up before this Court, assailing the Judgment dated 11.01.2024 [referred to as Impugned Judgment] passed by the Learned Single Judge in CWP No. 4868 of 2022, In re: Hamila Devi Versus State of Himachal Pradesh and others; directing the State Authorities to grant the work charged status to the Respondent- writ petitioner {w.e.f. 01.01.2008} from the date of completion of 8 years of daily waged service, countable from 01.01.2000, with all consequential benefits.
FACTUAL MATRIX BEFORE WRIT COURT:
2. Hamila Devi-writ petitioner had come up before the writ court, in CWP No. 4868 of 2022, seeking following reliefs:-
“(i). That the respondents may be ordered to grant work charge status to the petitioner from the date she completed 8 years’ serv
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.
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.
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