IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 408 of 2008 Date of Decision: 01.04.2010 __________________________________________________________ State of H.P. & others ….Petitioners. Versus Sh. Ramesh Kumar. ….Respondent. ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. The Hon’ble Mr. Justice Kuldip Singh, J. Whether approved for reporting?1 __________________________________________________________ For the Petitioners: Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. P.K. Sharma, Additional Advocate General and Mrs. Shubh Mahajan, Deputy Advocate General. For the Respondent: Mr. Ajay Mohan Goel, Advocate. __________________________________________________________ Per Dev Darshan Sud, J. (Oral) The State challenges the order of the Administrative Tribunal granting work charged status to the respondent (who was the applicant before the Tribunal) as Mechanic Grade-II. Vide order dated 25.3.1998 the petitioner/State gave an option to the respondent either to accept regularization of his daily waged service as Beldar (w.e.f. 1.1.1995) or to the post of Mechanic Grade-II (Heavy) w.e.f. 1.1.1998). When this petition was taken up for hearing, learned counsel for the respondent submits that the option of being regularized against the post of 1 Whether Reporters of Local Papers may be allowed to see the judgment? 2 Mechanic Grade-II (Heavy) w.e.f. 1.1.1998 is more beneficial to the respondent. We, therefore, dispose of this petition with the direction that the respondent shall be regularized as Mechanic Grade-II (Heavy) w.e.f. 1.1.1998. We clarify that any payments of salary, monetary or other benefits etc. made to the respondent prior to his being regularized w.e.f. 1.1.1998 shall not be recovered from him and shall be treated as salary allowance etc. having been paid to him for the duties performed by him. This Writ Petition accordingly disposed of. There is no order as to costs. All miscellaneous applications stand disposed of. All the interim order(s) stand vacated. (Dev Darshan Sud), Judge March 25, 2010 (Kuldip Singh), (KRS) Judge