IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 13577 of 2008. Judgment reserved on 3.3.2011. Date of Decision: 8.3.2011. Dinu Ram …Petitioner. Versus. State of Himachal Pradesh & Ors. … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioner: Mr. B.N. Mehta, Advocate. For the Respondents-State : Mr. Vivek Singh Thakur, Addl. AG. Deepak Gupta, J. 1. The petitioner by means of this petition has prayed that the respondents-State be directed to grant him work charged status as Operator Gr-II w.e.f. 1.1.1997 instead of 1.1.2006. 2. It would be pertinent to mention that the petitioner had earlier filed Original Application No. 1548 of 1998 before the learned Tribunal which was disposed of with a direction to regularize the services of the petitioner on the post in which he had worked for more number of days. It would also be pertinent to mention that the petitioner in the meantime had already been granted work charged status on 29.8.2002 as a S/C Operator, but this fact apparently was not brought to the notice of the learned Tribunal. 3. Thereafter a Contempt Petition was filed and during the course of contempt proceedings the respondents-State placed on record an order whereby the petitioner had been granted work charged status on notional basis w.e.f. 1997. The Contempt Petition was closed. Now the petitioner claims that he is entitled to full back wages w.e.f. 1.1.1997. This Court in Gauri Dutt & Ors Vs. State of H.P. Latest HLJ 2008 (HP) 366 has held that if a person had worked against two posts, he can combine the service rendered in both posts only if he wants to be granted work charged status in the lower post. In case he wants work charged status in the higher post, then only his continuous service rendered against the higher post has to be taken into consideration. 4. The Mandays chart of the petitioner has been attached herewith and it shows that the petitioner has been functioning as Stone Crusher Operator continuously for more than 240 days in a calender year from the year 1990. Therefore, he had completed 10 years service on 31.12.2000 and is entitled to be granted work charge status as Stone Crusher Operator w.e.f. 1.1.2001 and he is entitled to all pay and allowances and other benefits from the said date. In view of the above discussion, the petition is allowed in the aforesaid terms and the respondents-State is directed to grant work charged status as Stone Crusher Operator to the petitioner w.e.f. 1.1.2001 with all consequential benefits including that of pay. The arrears, if any, due and payable to the petitioner be paid to him on or before 30th June, 2011, failing which the respondents-State shall be liable to pay interest @ 9% per annum from the date the amount fell due till payment of the entire amount. No costs. 8th March, 2011 ( Deepak Gupta ) (Krn Guleria) Judge.