IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Review Petition No. 144 of 2011 Decided on: 11th November, 2011. Megh Singh 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. Rajesh Prakash, Advocate For the Respondents : Mr. R.K. Bawa, Advocate General, with J.K. Verma, Deputy Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) CMP(M) 1526 of 2011 Heard. The application is allowed and the delay in filing the review petition is condoned. The application stands disposed of. Civil Review No. 144 of 2011 This is a petition for review at the instance of the petitioner. It is the case of the writ petitioner that his case is liable to be considered in the light of the decision of apex Court in Mool Raj Upadhayaya Vs. State of H.P. and of this Court in 2 State of H.P. Vs. Sarabdayal. In the judgment, dated 11th April, 2011 this Court directed the consideration of the case of the petitioner in view of the decision of this Court in CWP No. 2735 of 2010, titled Rakesh Kumar Vs. State of H.P. and others. There appears to be a factual mistake. The writ petitioner having rendered service allegedly in the year 1985, the case is liable to be considered in the light of the decision of Mool Raj Upadhayaya’s case. Therefore, it is clarified that the case of the petitioner will be considered in the light of the decision of Mool Raj Upadhayaya’s case. As far as counting of 50% of service under the daily waged period is concerned, the matter shall be considered in the light of the decision in the case of State of H.P. Vs. Sarabdayal, subject to its finality, since the same has been remanded by the apex Court for a fresh consideration. 2. The review petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice November 11, 2011 (K) (Justice V.K. Ahuja ), Judge.