Bhag Chand entitled to work charge status from 2003 with no monetary arrears, following Supreme Court's directive.
In a significant ruling, the Himachal Pradesh High Court has granted Bhag Chand, a daily wager working as a Beldar in the Public Works Department, the status of work charge notionally from January 1, 2003. The decision aligns with the Supreme Court's precedent in the Surajmani case, which entitles daily wagers to work charge status after eight years of continuous service.
The petitioner, Bhag Chand, who began his service on a daily wage basis in 1995, claimed entitlement to work charge status from 2003, having completed eight years of continuous service by that time. His regularization only occurred in 2007, prompting the legal challenge for retroactive status.
The court's judgment, delivered by Justice Ranjan Sharma, recognized the petitioner’s eligibility for work charge status based on continuous service exceeding 240 days per year from 1995 to 2003. However, the judgment restricts Bhag Chand's relief to notional benefits, excluding any monetary arrears, adhering strictly to the Supreme Court's directives in the Surajmani and Ashwani Kumar cases.
The court directed the state authorities to confer the work charge status within six weeks and to adjust Bhag Chand's pay fixation notionally from January 1, 2003, without arrears. This decision underscores the court's commitment to ensuring fairness for daily wagers while acknowledging the policy constraints set by higher judicial precedents.
This judgment is expected to impact similarly situated daily wagers across Himachal Pradesh, as it reinforces the legal precedent that such workers are entitled to notional benefits once they fulfill the required period of service, despite the abolition of work charge establishments in 2005.
The judgment also directs the state to apply this ruling broadly, preventing any discriminatory practices in extending such benefits to eligible workers across various departments, ensuring uniformity in compliance with judicial mandates.
Bottom Line:
Daily wagers entitled to work charge status on completion of eight years of continuous service with 240 days in terms of Supreme Court judgment in Surajmani case. Relief limited to notional benefits only.
Statutory provision(s): Service Law - Consequential benefits.
Bhag Chand v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2809168
