IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7076 of 2010 Decided on: 13.12.2010 Tula Ram …. Petitioner Versus State of H.P. and others …. Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr. Devender Sharma vice Mr. C.N. Singh, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral): The petition is filed with the following prayers:- “(i) Issue writ of mandamus directing the respondent- department to consider the case of the petitioner and grant him work charged status w.e.f. 1.1.2000, for all intents and purposes. (ii) Issue a writ of mandamus directing the respondent- department to consider the case of the petitioner for regularization with all consequential service benefits, with effect from the day the petitioner completed eight years of service as daily wager on the post of forest worker i.e. w.e.f. the year 10.10.1998 and accordingly pass superannuation/retirement order of the petitioner w.e.f. June, 2010 (when he attained the age of 60 years). 2. The petitioner submits that issue is covered by the decision of the apex Court in Mool Raj Upadhyaya Vs. State of 2 H.P. and others, 1994 Supp (2) Supreme Court Cases 316. There will be a direction to the second respondent/competent authority to examine the case of the petitioner in the light of the judgment referred to above and take appropriate action within four months from the date of production of a copy of this judgment alongwith a copy of the writ petition by the petitioner. Depending on the action thus taken as above, the grievance with regard to the continuance of the petitioner upto 60 years will also be examined. However, we make it clear that in the event of the decision being taken in favour of the petitioner, his entitlement shall only be for notional benefits and not for actual wages during this period of two years. 3. With the above observations, the writ petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja ), December 13, 2010 Judge (BSS/Tilak)