CWP/3892/2026 on 15 October 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.3892 of 2026

Decided on: 15.10. 2026 ------------------------------------------------------------------------------------- Geeta Ram

…..Petitioner

Versus The MD, HP State Agriculture Marketing Board

.....Respondent -------------------------------------------------------------------------------------

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 Respondent: Ms. Kiran Sharma, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

This writ petition has been filed for the grant of following substantive reliefs:- “i. That Annexure P-1 may be set aside/quashed and the respondents may be ordered to grant notional increments to the petitioner from the date he has been granted work charge status with all consequential benefits.”

2. It is the case of the petitioner that he was conferred daily wage status in the year 1995 and his services were regularized on 15.03.2017. Pursuant to the decision rendered in The State of Himachal Pradesh & Ors. Versus Surajmani & Anr.2, the petitioner was conferred work charge status w.e.f. 01.09.2010 vide

1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025

Annexure P-1, dated 04.11.2025. Petitioner’s grievance is that respondents have not conferred annual increments to him for the period of his work charged service, i.e. between 02.09.2010 till the date of his regularization in the year 2017. The annual increments were conferred upon him w.e.f. 15.03.2017.

3. This issue has already been adjudicated upon in Jayanti Rathore and others Versus State of Himachal Pradesh and others3, wherein following operative 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.”

3 CWPOA No.3103 of 2020, decided on 19.11.2025

Jayanti Rathore3 has directed the respondent- State to extend the relief of notional benefits from the date of grant of work charge status with annual increments till regularization with notional benefits, but without any past arrears. Admittedly, there is no interim order operating against the above directions issued in Jayanti Rathore3 till date.

4. In view of above, this writ petition is disposed of with direction to the respondents to consider the case of the petitioner for grant of notional increments during his work charge service in terms of Jayanti Rathore3. This exercise be carried out within four weeks' time.

Pending miscellaneous application(s), if any, also to stand disposed of.

Jyotsna Rewal Dua October 15, 2026

Judge R.Atal