Writ petition by a daily-wage Revenue Chowkidar regularized from 2012, challenging a corrigendum curtailing arrears to notional basis. Following a Division Bench ruling in an identical case, the court held the corrigendum inapplicable and directed release of wage arrears with consequential benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 111 of 2023 Decided on : 06.01.2025
Mulakh Raj and another.
…Petitioners
Versus
State of Himachal Pradesh and another.
…Respondents
Coram
Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1
For the petitioners : Mr. Mehar Chand, Advocate. For the respondents : Mr. Rajat Chauhan, Law Officer.
Ajay Mohan Goel, Judge (Oral )
CWP No. 111 of 2023 & CMP No. 281 of 2025
Today the matter has been taken up on an early hearing application, filed by the petitioner. The main petition has also been heard along-with the early hearing application.
“a. That writ in the nature of Certiorari may kindly be issued and corrigendum dated 29-03- 2019(Annexure P-
4) may kindly be quashed and set aside.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
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b. That respondents may kindly be directed to release the consequential benefits (arrears) as per order dated 15th September, 2018, which further clarify vide letter dated 15-09-2018, including arrears w.e.f. 01-01-2012. Or in alternate respondents may be directed to release the arrears on account of retrospective regularization of petitioners from the date from which petitioners had served the respondents on daily wages basis, after joining as daily waged employees.”
the case of similarly situated petitioners, the Hon’ble Division Bench of this Court in the judgment passed in CWPOA No. 6726 of 2020, titled Tilak Raj Vs. State of H.P. & Ors., decided on 02.05.2024, has been pleased to hold that impugned Corrigendum dated 29.03.2019, is not applicable to the cases of the petitioner therein. He submits that as the present petitioner is similarly situated as the petitioners in above referred CWPOA, therefore, this writ petition be disposed of by holding that the impugned corrigendum is not applicable even as far as the petitioner is concerned and respondents be directed to release the arrears of wages to the petitioner, with
3
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effect from the notional date of his regularization with consequential benefit.
4
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Division Bench has been pleased to hold by way of a reasoned judgment that the Corrigendum was not applicable to the petitioners in the aforesaid writ petition, this Court holds that said Corrigendum is not applicable, even in the case of the petitioner, in the light of the findings returned by the Hon’ble Division Bench, which are ordered to apply mutatis mutandis in the present writ petition also.
(Ajay Mohan Goel) Judge
January 06, 2025 (Shivank Thakur)
1 issue framed by the court
Whether the corrigendum dated 29.03.2019 limiting regularization benefits to notional basis applies to the petitioner, similarly situated to petitioners in CWPOA No. 6726 of 2020?
Colour shows how this judgement treated each authority
Tilak Raj Vs. State of H.P. & Ors.Relied on
CWPOA No. 6726 of 2020
Mulakh Raj and another
State of Himachal Pradesh
another
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
