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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Dhian Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioners claim work-charge after 8 years and retirement till 60. (Para 1 , 2 , 3 , 4) |
| 2. respondents deny work-charge establishment and 60-year retirement. (Para 5 , 6 , 7) |
| 3. work-charge status accrues post-8 years irrespective of establishment. (Para 9 , 10 , 11) |
JUDGMENT :
Ranjan Sharma, Judge
Since common question is involved and prayer(s) are identical, therefore, with the consent of parties, both these cases are taken up for adjudication and disposal together at this stage, in the interests of justice and case of Dhian Singh is treated as lead case.
2. Petitioners, Dhian Singh and Kushla, initially filed Original Application No.6686 of 2016 before State Administrative Tribunal and after abolition of the Tribunal, the matter stood transferred to this Court as CWPOA No.724 of 2020, wherein, the petitioners have sought the following reliefs:-
“7(i) That the respondents be directed to grant regularization of the service to the applicant after completion of 8 years of service i.e. w.e.f. 01-05-1999 or 31-03-2000 with all consequential benefits including seniority, continuity, annual increments, earned leave and all other consequential benefits including arrears accr
Daily wagers entitled to notional work charge status after 8 years continuous service despite no departmental establishment; pre-cut-off engagement allows deemed superannuation at 60 years with revis....
Daily wagers entitled to work-charge status after eight years continuous service (240 days/year) with notional benefits only from due date; departmental lack of establishment immaterial; discriminato....
Daily waged workers entitled to work-charged status after 8 years continuous service (240 days/year); notional benefits include pay fixation and annual increments without past arrears.
Disputed prior daily wage service claims require Industrial Tribunal adjudication, not writ court; post-1993 daily wagers entitled to work-charged status after 8 years continuous 240-days service wit....
Daily wagers entitled to work-charged status after 8 years continuous service (240 days/year), limited to notional benefits per Supreme Court; factual disputes on records deferred to authorities via ....
Daily wagers entitled to work charge status from date of completing eight years continuous service (240+ days/year); later abolition ineffective; limited to notional pay fixation benefits without arr....
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 wagers entitled to condonation of fictional breaks for 240 days continuous service; work charge status after 8 years irrespective of establishment abolition; discriminatory denial quashed, gran....
Daily wagers entitled to work charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
Once Government itself has framed policy of regularization and same is extended from time to time, then mere fact that there was a time gap in issuance of policy of regularization, which prescribed d....
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