Mohar Singh Vs Hpsfc and Another — Himachal Pradesh HC (2025) — LawSathi Research

Mohar Singh Vs Hpsfc and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents/Competent Authority to consider the case(s) of the petitioners in accordance with the law laid down in Surajmani (Civil Appeal No. 1595/2025, decided 06.02.2025) and pass appropriate orders in accordance with law within six weeks from the date of the judgment; copy of the order so passed to be communicated to the petitioners; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the petitioners, serving in the respondent H.P. State Forest Department Corporation, are entitled to work-charge status/regularization of services from the date they completed eight years of service, with all incidental benefits.

Court's answer

Taking into consideration the stand taken by learned counsel for the parties and the Supreme Court judgment in Surajmani, the writ petitions are disposed of with direction to the respondents/Competent Authority to consider the case(s) of the petitioners in accordance with the law laid down in Surajmani and pass appropriate orders in accordance with law within six weeks from the date of the judgment; the order so passed is to be communicated to the petitioners.

Ratio / Principle

The pending miscellaneous application(s), if any, also stand disposed of in the above terms.

Detailed headnote1 paragraphs

Service law — work-charge status / regularization — petitioners serving in H.P. State Forest Department Corporation sought direction for work-charge status/regularization of services from the date of completion of eight years of service with all incidental benefits. Learned counsel for the parties jointly submitted that the issue and reliefs were covered by the decision of the Hon'ble Supreme Court in The State of Himachal Pradesh & Ors. v. Surajmani & Anr. (Civil Appeal No. 1595/2025, decided along with connected appeals on 06.02.2025), wherein the respondent-Corporation was appellant in some connected matters. Held: writ petitions disposed of with direction to the respondents/Competent Authority to consider the petitioners' cases in accordance with the law laid down in Surajmani and pass appropriate orders in accordance with law within six weeks; the orders to be communicated to the petitioners. Pending miscellaneous application(s), if any, also disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP Nos. 4858 & 9822/2025 Decided on: 04.04.2025

CWP No. 4858/2025

Jishan Lal .…Petitioner

Versus

H.P. State Foresh Corporation & Anr. ……Respondents

CWP No. 9822/2024 Mohar Singh .…Petitioner Versus H.P. State Foresh Corporation & Anr. ……Respondents

………………………………………………………………………………… Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

For the petitioner(s) : Mr. A.K. Gupta, Advocate. For the respondent(s) : Ms. Kiran Dhiman and Mr. Raman Ravi Verma, Advocates, for the respondents in the respective petitions.

Jyotsna Rewal Dua, J

Notice. Ms. Kiran Dhiman and Mr. Raman Ravi Verma,

learned counsel, accept notice on behalf of the respondents in the respective petitions.

1 Whether reporters of the local papers may be allowed to see the judgment? yes

2

Petitioner(s) are serving in the respondent- H.P. State Forest Department Corporation and have prayed for direction to the respondents to grant them work-charge status/regularization of services from the date they completed eight years of service with all incidental benefits.

Learned counsel for the parties have jointly submitted that the issue involved in these writ petitions and the reliefs prayed for by the petitioner(s) 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-Corporation was also the appellant(s) before the Hon’ble Supreme Court in some of the connected matters. Learned counsel for the parties further submitted that these writ petitions be disposed of in terms of the aforesaid decision.

In view of the stand taken by learned counsel for the parties and taking into consideration the aforesaid judgment, these writ petitions are disposed of with direction to the respondents/Competent Authority to consider the case(s) of the petitioners in accordance with law laid down in Surajmani² and pass accordingly appropriate orders in accordance with law within six weeks from today. Copy of order so passed be also communicated to the petitioners. above terms, so also the pending miscellaneous application(s), if any.

2Civil Appeal No.1595/2025, decided alongwith connected appeals on

06.02.2025

3

The writ petitions stand disposed of in the above terms, so

also the pending miscellaneous application(s), if any .

Jyotsna Rewal Dua Judge

April 04, 2025 (Rohit)