Balbir Singh Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Balbir Singh Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents/competent authority to consider the petitioner's case in accordance with the law laid down in Surajmani and pass appropriate order in accordance with law within six weeks from the date of the order, with a copy of the order so passed to be communicated to the petitioner; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the petitioner, serving in the respondent-Forest Department, is entitled to a direction granting him work charge status from the date he completed eight years of service, with all incidental benefits.

Court's answer

In view of the joint stand of counsel and the Supreme Court decision in Surajmani, the writ petition is disposed of with direction to the respondents/competent authority to consider the petitioner's case in accordance with the law laid down in Surajmani and pass appropriate order in accordance with law within six weeks; copy of the order so passed is to be communicated to the petitioner.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Jyotsna Rewal Dua, J.), CWP No.7884 of 2025, decided 14 May 2025: A petitioner serving in the respondent-Forest Department sought a direction to be granted work charge status from the date he completed eight years of service, with all incidental benefits. Learned counsel for the parties jointly submitted that the issue and the relief sought were covered by the decision of the Hon'ble Apex Court in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr. (Civil Appeal No.1595 of 2025, decided along with connected civil appeals on 06.02.2025), in some connected matters of which the respondent-Department was itself the appellant, and prayed that the writ petition be disposed of in terms of the directions issued therein. Allowing this joint request, the Court disposed of the writ petition with direction to the respondents/competent authority to consider the petitioner's case in accordance with the law laid down in Surajmani and pass appropriate order in accordance with law within six weeks, with a copy of the order so passed to be communicated to the petitioner. Pending miscellaneous application(s), if any, were also disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7884 of 2025 Decided on: 14^th May, 2025 ------------------------------------------------------------------------------------- Balbir Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Mr. Bonit Thakur, Advocate vice Mr. A.K. Gupta, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. -----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, learned Additional

Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of learned counsel for the

parties, the matter is heard at this stage.

3. Petitioner is serving in the respondent-Forest Department and has prayed for direction to the respondents to grant him work charge status from the date he completed eight years of service with all incidental benefits.

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

2

4. Learned counsel for the parties have jointly submitted that the issue involved in the writ petition and the relief prayed for by the petitioner are now covered by the decision rendered by the Hon’ble Apex Court in The State of Himachal Pradesh & Ors. Versus Surajmani &

Anr.² . The respondent-Department was also the appellant before the Hon’ble Supreme Court in some of the connected matters. Learned counsel for the parties also submit that this writ petition be disposed of in terms of the directions issued in the aforesaid decision.

5. In view of the stand taken by learned counsel for the parties and taking into consideration the aforesaid judgment, this writ petition is disposed of with direction to the respondents/competent authority to consider the case

of the petitioner in accordance with law laid down in Surajmani² and pass appropriate order in accordance with law within six weeks from today. Copy of the order so passed, be also communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua May 14, 2025 Judge Mukesh

2 Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025