CWP/20816/2025 of SUKH DEV Vs THE HPSFDCL AND OTHERS on 31 December 2025

1. CWP No. 20726/2025

Munshi Ram

…Petitioner

Versus

H.P. State Forest Development Corporation & Anr.

.…Respondents.

2. CWP No. 20816/2025

Sukh Dev

…Petitioner

Versus

H.P. State Forest Development Corporation & Anr.

.…Respondents. …………………………………………………………………………….

Coram

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

For the petitioners: Mr. Bonit Thakur, Advocate vice

Mr. A.K. Gupta, Advocate in both

the petitions.

For the respondents: Mr. Mohit Thakur, Advocate, in

both the petitions.

Jyotsna Rewal Dua, J

Notice. Mr. Mohit Thakur, learned counsel, accepts notice on behalf of the respondents in both the petitions.

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

2. These writ petitions have been filed for the grant of almost common substantive reliefs. Relief clause herein is extracted from CWP No. 20816/2025: - “That Annexure P-1 may be set aside/quashed and the respondents may be ordered to grant notional pay fixation with increments to the petitioner with all benefits incidental thereof.”

3. Petitioners case is that while implementing The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.2, the respondents conferred work-charge status upon them retrospectively and, accordingly, issued office orders dated 14.10.2025 (Annexure P- 2 in CWP No.20726/2025) and 30.10.2025 (Annexure P-1 in CWP No. 20816/2025), thereby refixing their pay to their disadvantage. The refixation of pay was carried out by the respondents on notional basis in view of the directions issued in Surajmani2. Petitioners’ grievance is that vide aforesaid office order dated 14.10.2025 (in CWP No.20726/2025) and dated 30.10.2025 (in CWP No. 20816/2025), the notional annual increments granted to them earlier, were withdrawn. Consequently, petitioners’ pay was refixed under the office orders dated 14.10.2025 & 30.10.2025 without granting them the benefit of annual increments even on notional basis.

Learned counsel for the petitioners submits that the case of the petitioners stand squarely covered and has already been 2 Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025

adjudicated upon in Jayanti Rathore & Ors. Vs. State of H.P. & Ors.3 whereunder following directions were issued: - “8. In view of above discussion, and for the reasons recorded herein above, the instant petition is disposed of, in following terms:-

(i) . Claim of petitioners for work charge status from the date of completion of 8 years of continuous daily wages service [stand already given to petitioners 1 & 2 w.e.f. 01.01.2004 and to petitioners 3 to 6 w.e.f. 01.01.2005] is affirmed; being inconsonance with the mandate of Hon’ble Supreme Court in case of Surajmani (supra);

(ii) State Authorities shall extend the relief of “notional benefits” to the petitioners from the date of grant of work charge status [if not already granted] with annual increments till regularization with ‘notional benefits”, but without any past arrears;

(iii) . Claim of the petitioners for past arrears [wholly or in part] upon grant of work charge status is declined in terms of the mandate of the Hon’ble Supreme Court in Surajmani (supra) which recognizes “notional benefits”;

(iv) . Parties to bear respective costs.

In the aforesaid terms, the instant petition along with pending miscellaneous application(s), if any, shall also stand disposed of.”

Learned counsel for the petitioners further submits that the petitioners would be satisfied, in case, respondents/competent authority are directed to consider and decide the cases of the petitioners in light of the directions issued in the above judgment, more particularly direction No.(ii), in terms of which, the respondents- 3 CWPOA No. 3103/2020 decided on 19.11.2025

State have been directed to extend the notional benefits to the petitioners (therein) from the date of conferment of work charge status with annual increments on notional basis. Learned counsel for the respondents has no objection to this prayer.

4. In view of above, these petitions are disposed of by directing the respondents/competent authority to consider and decide the cases of the petitioner(s) for grant of notional annual increment from the date of conferment of work charge status, in accordance with law and as well as taking into consideration the above judgment, within a period of six weeks from today. The order so passed be also communicated to the petitioner(s). Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua

Judge 31st December, 2025(rohit)