Himachal Pradesh High Court

CWP/10855/2023 on 29 December 2023

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.10855 of 2023

Decided on: 29th December, 2023 __________________________________________________________

Bihari Lal

.......Petitioner Versus

State of H.P. and others

……Respondents ____________________________________________________________

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?

For the petitioner: Mr. Bonit Thakur, Advocate vice Mr. A.K. Gupta, Advocate.

For the respondents: Mr. B.C. Verma, Additional Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.

Whether reporters of Local Papers may be allowed to see the judgment?

3. The petitioner has filed the instant writ petition with the following prayer:- “That the respondents may be ordered to grant work charge status to the petitioner from the date he completed 8 years’ service, with all benefits incidental thereof.”

4. Learned vice counsel for the petitioner, on instructions of original counsel, has submitted that the case of the petitioner is covered by the decision of this Court in LPA No.165 of 2021, titled as State of HP and others vs. Surajmani and another, decided on 12.01.2023, alongwith connected matters.

5. Accordingly, this petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in terms of the decision of this Court in Surajmani’s case (supra), expeditiously, preferably within five weeks from the date of receipt of copy of this order.

6. In case, upon consideration, the respondents extend the benefit in terms of the judgment in case of Surajmani’s case (supra), then since the SLP is pending then, any benefits including monetary benefits, if any, shall be released only after seeking an undertaking/bond from the petitioner.

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

To come up for compliance, after five weeks.

(Ranjan Sharma)

Judge December 29, 2023 (Bhardwaj)

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