Himachal Pradesh HC Orders Retrospective Work Charge Status for Daily Wager, Upholds ‘Notional Benefits’ Rule [Read Order]

Himachal: The High Court of Himachal Pradesh, in a judgment delivered on October 28, 2025, directed the State authorities to grant work charge status to the petitioner, Bhag Chand, as a Beldar with effect from January 1, 2003. This date corresponds to the completion of eight years of continuous service as a daily wager.

The petitioner, who was initially engaged as a Beldar on a daily wage basis in January 1995 in the HPPWD Sub-Division, Anni, District Kullu, had his services regularised on January 23, 2007. He sought the benefit of work charge status retrospectively from January 1, 2003, claiming parity with other similarly situated daily wagers, including Shri Som Dass of the Forest Department, whose regularisation/work charge status had been granted from the date of completion of the requisite service.

The respondents, in their reply affidavit, admitted that the petitioner “has rendered continuous service with more than 240 days from 1995 till 2003 and thereafter.”

Justice Ranjan Sharma, in the oral judgment, analysed the material on record and concluded that the petitioner’s claim “carries weight and the same is accepted.” The Court relied heavily on the precedent laid down by the Hon’ble Supreme Court in State of Himachal Pradesh and Others v. Surajmani and Another (Civil Appeal No. 1595 of 2025, decided on 06.02.2025), which established the entitlement of daily wagers to work charge status upon completion of eight years of continuous service.

Addressing the State’s argument that the work charge category in the PWD was abolished in August 2005, the High Court firmly rejected the contention, observing that “once a right for work charge status had accrued to the petitioner on completion of eight years of continuous service w.e.f. 01.01.2003, in terms of the judgment in Surajmani (supra), the abolition of the establishment in August 2005 cannot be permitted to operate as a ground to deprive or deny the benefit which accrues to the petitioner under the judgment of the Hon’ble Supreme Court.”

Further, the Court emphasised the binding nature of the Supreme Court’s ruling, holding that the judgment in Surajmani (supra), being a judgment in rem, is required to be applied and implemented by the State authorities by extending the benefit of work charge status to all eligible daily wagers across the State, irrespective of departments.

While granting work charge status from the due date, the High Court clarified the financial implications in strict adherence to the Supreme Court’s mandate. The Court rejected the petitioner’s prayer for “all consequential benefits,” noting that the Supreme Court in Surajmani (supra) has mandated that daily wagers shall be entitled to work charge status from the date of completion of eight years of continuous service, but with “notional benefits” only.

The final direction issued to the State authorities was that upon conferment of work charge status on the petitioner w.e.f. 01.01.2003, pay fixation shall accrue notionally only, without entitlement to any past arrears. The State authorities were directed to comply with the order within six weeks.

Case Details:

Case No.: CWPOA No. 731 of 2019

Decided on: 28.10.2025

Title: Bhag Chand v. State of Himachal Pradesh and Others

Coram: Hon’ble Mr. Justice Ranjan Sharma

Advocate for the Petitioner: Ms. Divya Jyoti

Advocates for the Respondents: Mr. Vasu Sood; Mr. Amit Kumar Chaudhary, Deputy Advocate General

[Read Order]