IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA. CWP No.: 10456 of 2011-F. Decided on: 07.12.2011. 1. Durga Ram son of Shri Mehlar Ram, resident of village Bachhari, Post Office Morsinghi, Tehsil Ghumarwin, District Bilaspur, H.P. 2. Nikka Ram son of Shri Ruwalu Ram, resident of village and Post Office Masour, Tehsil Ghumarwin, District Bilaspur, H.P. … Petitioners. Versus 1. State of H.P. through the Secretary, HPPWD, Shimla, H.P. 2. Engineer-in-Chief, Himachal Pradesh, HPPWD, Shimla, H.P. 3. Superintending Engineer, HPPWD, District Bilaspur, H.P. 4. Executive Engineer, Ghumarwin Division, Ghumarwin, HPPWD, District Bilaspur, H.P. … Respondents. _____________________________________________ Coram The Hon'ble Mr. Justice Kurian Joseph, C.J. The Hon'ble Mr. Justice Rajiv Sharma, J. _____________________________________________ For the petitioners : Mr. Ashwani Kaundal, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate G eneral, Mr. J.K. Verma, Deputy Advocate General and Mr. Vinod Thakur, Deputy Advocate General. ____________________________________________________ Justice Kurian Joseph, C.J. (Oral ) The petitioners claim the benefit of the decision of the Supreme Court in Mool Raj Upadhyaya Vs. State of H.P., 1994 Supp. (2) SCC 316 and claim work charge status on completion of ten years of daily waged service with 240 days per year. In any case, as rightly pointed out by the learned Deputy Advocate General, there cannot be work charge status prior to 1.1.1994. The claim of regularization will be considered only subject to the availability of vacancies. All these aspects, the petitioners pray, they may be permitted to bring to the notice of the third respondent/competent authority. It is open to them to do so. In the event of the petitioners filing appropriate representation(s) furnishing their service particulars, the matter will be considered and appropriate action will be taken in accordance with law within four months from the date of production of a copy of this judgment alongwith the representation(s) by the petitioner concerned before the third respondent/competent authority. 2. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph) Chief Justice (Justice Rajiv Sharma) Judge December 07, 2011. (sck/hl).