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 14 and 16.

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’ service with all benefits incidental thereof, since the petitioner was in continuous service from the date she was engaged on daily wage basis.”

2(i). In CWP No. 4868 of 2022, case set up by the Respondent-writ petitioner, [namely, Hamila Devi] is that she was engaged as Beldar during the year 2 000 and had completed 8 years continuous service and her services were regularized on 08.03.2017 w.e.f. 01.10.2016 and she joined her regular appointment on 08.03.2017 [Annexure R-2 (colly)] but, the State Authorities have not been granted the work charge status {as in Paras-2 and 9 of the writ petition, from due date, with all consequential benefits} .

2(ii). In Reply to writ petition, State Authorities admitted the incumbency of the Respondent-writ petitioner that she was engaged as a Beldar on daily wage muster-roll basis by the Executive Engineer, HPPWD Rohru during the year 2000 and she was regularized on 08.03.2017 Annexure R-2], which is clear from the Mandays Chart [Annexure R-1 with writ petition]. In reply affidavit, the claim for work charge status was denied on the ground that in department of PWD, the work charge establishment for Class-IV category was abolished on 19.08.2005 and, therefore, the claim for work charge status was devoid of any merit. However, Reply Affidavit stated that the State Authorities issued the Rules for post of Class-IV Beldars in May 1995 and these were amended by State Authorities on 03.07.2013 making a person, who was a citizen of India as eligible for appointment for aforesaid post, due to which the daily wagers Class-IV of Nepali Origin were denied appointment, by way of regularization. To meet this eventuality, State Authorities took a decision on 30.07.2013 and again on 24.09.2016 implementable w.e.f 1.10.2016, relaxing the Rules, so as to confer regularizing to Class-IV Daily Waged Beldars of Nepali origin and it is asserted that the writ petitioner was regularized on 08.03.2017 which was duly accepted and therefore, the present petition was devoid of any merit.

IMPUGNED JUDGMENT DATED 1.1.01.2024 BY LEARNED SINGLE JUDGE:

3. CWP No. 4868 of 2022 was decided by Learned Single Judge on 11.01.2024, directing the State Authorities to grant work charge status to the Respondent-writ petitioner from the date she completed 8 years of continuous daily wage service along with consequential benefits for 3 years prior to the date of filing of the writ petition, in following terms:-

“7. In view of the above, the writ petition filed by the petitioner is allowed g and the respondents are directed to grant work charge status to the petitioner from the date, she had completed eight years of service on daily wage basis in terms of the decision given by this Court in Ashwani Kumar’s case supra. However benefits consequent to conferment of wor