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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
GURMEET SINGH SANDHAWALIA, CJ., BIPIN CHANDER NEGI
State of HP – Appellant
Versus
Pradeep Kumar – Respondent
| Table of Content |
|---|
| 1. continuous contractual driver engagement in projects (Para 1 , 2 , 3) |
| 2. society policy bars government service regularization (Para 4 , 5 , 6) |
| 3. precedents grant work charge after eight years (Para 7 , 8 , 9 , 10 , 11) |
| 4. similarity admission requires parity relief (Para 12) |
| 5. perennial duties demand regularization despite labels (Para 13) |
| 6. perpetual contracts deprecate ad-hocism exploitation (Para 14) |
| 7. prolonged service creates legitimate expectation (Para 15) |
| 8. unequal power invalidates unfair contract clauses (Para 16) |
| 9. upholds direction for work charge status (Para 17) |
JUDGMENT :
BIPIN CHANDER NEGI, J.
The present Letters Patent Appeal has been filed against the impugned judgment dated 20th June, 2025, whereby the present appellants have been directed to consider the case of the present respondent for grant of work charge status and regularization of the service of the present respondent from the due date, in accordance with law as laid down in Sant Ram and another vs. State of H.P bearing CWPOA No. 3562 of 2019 decided on 6.9.2022, and Bhupender Singh Mehta and another vs. State of Himachal Pradesh and another bearing CWPOA No. 2979 of 2020 decided on 18.3.
Contractual employees with long continuous service in perennial roles under project societies entitled to work charge status on parity, legitimate expectation, equity despite policy bars, distinguish....
Long-serving daily wage employees in perennial roles entitled to work charge status on parity and legitimate expectation despite policy denial, as irregular appointments warrant regularization per eq....
The court ruled that long-standing contractual employees performing essential government functions must be regularized, rejecting arguments of irregular initial appointments, thereby enforcing princi....
Contractual employees in state-controlled societies executing departmental projects are state employees; corporate veil lifted to grant regularization after two years' service per policy, ensuring pa....
Contractual skilled employees with over 18 years continuous service and regular pay scale entitled to regularization despite scheme funding, as state cannot exploit long-term labour under temporary l....
Long continuous service as temporary mazdoor on perennial duties entitles regularization and pension despite initial irregular engagement.
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