Pritam Chand vs Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya Palampur

Ranjan Sharma, J

Notice. Mr. Prince Chauhan, Advocate, appears and waives service of notice on behalf of the respondent.

The petitioner, has filed the instant petition seeking the following relief:-

“(i) That the respondents may be ordered to grant work charge status to the petitioner, on completion of 8 years service, with all benefits incidental thereof, as has been done in the case of Sh. Sarwan Kumar, a similarly situated employee.”

Case of the petitioner, as submitted by learned counsel is that petitioner is claiming work charge status on completion of eight years of service with all consequential benefits incidental thereof, as has been conferred by the Respondent-University to Sarwan Kumar dated 16.09.2023 (Annexure P-3 in all the Civil Writ Petitions). Learned counsel for the petitioner further submits that similar benefits have been extended to other employees also.

Per contra, at this stage, learned counsel for the Respondent-University submits that Sarwan Kumar has been granted the benefit on the basis of the judgment passed by this Court in CWP No.1396 of 2019, decided on 12.01.2023. He further submits that the Respondent-University has filed a SLP vide Diary No.28840 of 2023 titled as CSKHPKV vs. Sarwan Kumar, which is pending before the Hon’ble Apex Court.

Faced with this situation, learned counsel for the petitioner submit that though the Respondent-University has filed a SLP which is pending before the Hon’ble Apex Court but no interim protection has been granted to the University by the Hon’ble Apex Court.

In the above background, learned counsel for the petitioner, on instructions submits that the petitioner may be permitted to make representation to the Registrar of the Respondent-Chaudhary Sarwan Kumar Krishi Vishvavidyalaya, Palampur, within three weeks from today; with further directions to the aforesaid respondent-authority to examine the case of the petitioner(s) and then to pass appropriate orders, in accordance with law, within six weeks, thereafter.

Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open.

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