IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3122 of 2010. Date of decision: 28.7.2010 Mohinder Kumar ….. Petitioner. Vs. State of H.P and others …. Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Devinder Kumar Sharma, vice Mr. C.N. Singh, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. for respondent No.1. Mr. Vikrant Thakur, Advocate for respondents No.2 and 3. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- (i) Issue writ of mandamus for direction to the respondent- department to consider the case of the petitioner for grant of work charge status w.e.f. 2008 when petitioner has completed ten years of regular daily wages basis on the post of motivator with all consequential benefits. (ii) Issue writ of mandamus for direction to the respondent- Department to consider the case of the petitioner for grant of work charge status w.e.f. 2008 when petitioner has completed two years of regular daily wages basis on the post of motivator with all consequential benefits. 2 (iii) That the respondent department be directed to count the daily wage period of the petitioner in the IPH Department for the purpose of his continuity and fixing seniority and for further consequential benefits. 2. As per prayer (i) is concerned, the petitioner can not succeed since respondent is not a work charged establishment. As per prayer (ii) is concerned, it is submitted that as soon as the vacancy is available, the petitioner be regularized. As per prayer (iii) is concerned, it is seen that the representation is pending before the second respondent. It is submitted that in the case of similarly situated persons the past services have also been counted. There will be a direction to the 2nd respondent to look into this aspect and take appropriate action in the matter without discriminating the petitioner. The needful shall be done within two months from the date of production of the copy of the judgment alongwith copy of the writ petition by the petitioner. The writ petition is disposed of, so also the pending application, if any Copy dasti. (Justice Kurian Joseph) Chief Justice July 28, 2010 (Justice Kuldip Singh), (sks/grs) Judge.