IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 4872 of 2008. Date of decision: 1.11.2010. Kultar Chand Katoch & anr. …..Petitioners. Vs. H.P.K.V.V. Palampur …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Tarlok Chauhan, Advocate. For the Respondents : Mr. N.K.Thakur, Advocate. Justice Kuldip Singh, J. (Oral). The petitioners have made mainly the following prayers in the petition:- (A) That the respondents be directed to regularize the service of the applicants or in the alternative frame a Scheme for regularization of the services of the persons who have put in more than 10 years of service in the University. (B) That the respondents be directed to grant to the applicants the benefits/ perks as granted to the regularly appointed employees. (C) That the respondents be directed to pay of arrears of salaries from the date from which the applicants have completed 10 years of service. Whether the reporters of the local papers may be allowed to see the Judgment? …2… (D) The respondents be directed to drop the seniority of the applicants from the date of joining and all benefits such as promotions and pay may kindly be granted in favour of the applicants. 2. The petitioner No. 1 was engaged as Daily waged Labourer in the respondent-University on 31.3.1979. He continued to work in the same capacity up to 15.2.1985 and then from 17.2.1985 to 28.2.1985. He was appointed as Laboratory Assistant in the Soil Science (Status Report Project) of the respondent- University on 21.3.1986. He continued to work as such till the filing of the petition on ad hoc basis. 3. The petitioner No.2 was engaged as daily paid labourer in the Department of Soil Sciences and Water Management w.e.f. 5.8.1977 and he continued as such up to 14.8.1984. Thereafter, he was posted as Field Assistant on ad hoc basis and was posted in Himalayan Eco-Development Project under the Department of Soils and Water Management, he remained there till the project was over. Later on, the services of the petitioner were transferred to Ecological Measurement in selected watershed (Department of Soils) at Palampur as Laboratory Assistant. He worked as such till the filing of the petition. 4. The respondents have filed the reply and stated that petitioners have been regularized as Laboratory Assistants vide office order dated 1.12.1997 and, therefore, petition is not maintainable. The learned counsel for the petitioners has submitted that case of the petitioners is covered by Shri Mool Raj Upadhyaya vs. The State of Himachal Pradesh and Ors. …3… 1994(2) SLR 377. The learned counsel for the respondent has submitted that both the petitioners have been regularized as per office order dated 1.12.1997, therefore, the petition is not maintainable. The Hon’ble Supreme Court in Mool Raj Upadhyaya has held as follows:- “Taking into consideration the facts and circumstances of the case, we modify the said scheme by substituting paragraphs 1 to 4 of the same by the following paragraphs: `(1) Daily-wage/ Muster Roll Workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on December 31,1993, shall be appointed as work-charged employees with effect from January 1,1994 and shall be put in the time scale of pay applicable to the corresponding lowest grade in the Government; (2) Daily-Wage/ Muster Roll Workers, whether skilled or unskilled, who have not completed 10 years of continuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be appointed as work-charged employees with effect from the date they complete the said period of 10 years of service and on such appointment they shall be put in the time scale of pay applicable to the lowest grade in the Government; (3) Daily-Wage/ Muster Roll Workers, whether skilled or unskilled, who have not completed 10 years of service with a minimum of 240 days in a calendar year on December 31, 1993, shall be paid daily wages at the rates prescribed by the Government of Himachal Pradesh from time to time for daily- …4… wage employees falling in Class III and Class IV till they are appointed as work-charged employees in accordance with paragraph 2; (4) Daily-Wage/ Muster Roll Workers shall be regularized in a phased manner on the basis of seniority-cum-suitability including physical fitness. On regularization they shall be put in the minimum of the time scale payable to the corresponding lowest grade applicable to the Government and would be entitled to all other benefits available to regular Government servants of the corresponding grade.’ The Scheme, as modified, shall be implemented with effect from January 1, 1994 and if any excess amount has been received by any employee on the basis of the interim orders passed by this Court, the same shall not be required to be refunded by him.” 5. The case of the petitioners is covered by Mool Raj Upadhayaya (supra). In these circumstances, the respondent is directed to consider the case of the petitioners for giving them work-charge status/ regularization in terms of Mool Raj Upadhayaya (supra) within a period of two months from the date of supply of a copy of this judgement by the petitioners to the respondent and thereafter to give necessary benefits to the petitioners within a further period of two months. 6. With the above observations, the petition stands disposed of, so also the pending application(s), if any. November 1, 2010. ( Kuldip Singh ), (Hem) Judge.