State Cannot Deny Work-Charged Benefits To Eligible Worker On Ground Of Cadre Abolition: HP High Court
The Himachal Pradesh High Court held that abolition of the work-charged establishment in 2005 could not nullify a right that had already accrued in favour of the employee in 2003.
Justice Ranjan Sharma remarked that: “Once a right for work charge status had accrued to the petitioner on completion of 8 years of continuous service w.e.f. 01.01.2003… the abolition of work charge establishment in August, 2005 cannot be permitted to a ground to deprive and deny benefit which accrue/flow to the petitioner.”
The petitioner, Bhag Chand was engaged as Beldar on daily wage basis in January 1995 in the Himachal Pradesh Public Works Department and sought conferment of work-charged status from 1 January 2003, the date on which he completed eight years of continuous service.
Even though his services were regularised in January, 2007, he claimed parity with similarly placed daily wagers who were given benefit of retrospective work-charged status.
The state noted that the petitioner had rendered continuous service with more than 240 days from 1995 till 2003, so the claim that the work-charged establishment in PWD was abolished in August 2005, is not tenable.
Thus, the Court held that as the petitioner had completed eight years of continuous service by 2002 he became eligible for work-charged status from January,2003.
Further rejecting the State's plea, the court remarked that “the abolition of work charge establishment in August, 2005 cannot be permitted to a ground to deprive and deny benefit which accrue/flow to the petitioner”.
Therefeore, the court directed the state authorities to confer work-charged status upon the petitioner from January, 2003.
Case Name: Bhag Chand v/s State of Himachal Pradesh and others
Case No.: CWPOA No.731 of 2019
Date of Decision: 28.10.2025
For the Petitioner: Ms.Divya Jyoti, Advocate, vice Mr. Vasu Sood, Advocate
For the Respondents: Mr. Amit Kumar Chaudhary, Deputy Advocate General