IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 13708 of 2008. Date of decision: 17.7.2009 Devinder Chauhan. …. Petitioner Versus State of H.P & ors. .... Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ? No For the petitioner: Mr.Bhuvnesh Sharma, Advocate. For the respondents: Sh.Rajesh Mandhotra, Dy.Advocate General. Deepak Gupta, J.(Oral) The petitioner by means of this writ petition has claimed that he should be regularized as Complaint Attendant/Receptionist and not as Beldar. The petitioner has also prayed that he be declared to be regularized as Complaint Attendant/Receptionist w.e.f. 4.1.2006. The admitted facts are that the petitioner was initially appointed as Beldar under respondent No.4 in January, 1992 and continued to work as such till February 1994 when he was given the work of Complaint Attendant/Receptionist. This factual situation is not denied by the respondents and it is apparent that from 2 February 1994 onwards, the petitioner has been working on a higher post of Complaint Attendant/Receptionist. On this ground it is claimed that on completion of eight or ten years, the petitioner should be regularized as Complaint Attendant/Receptionist. This Court in Gauri Dutt’s case has clearly laid down that in case an employee wants to be granted work-charge status or be regularized in the higher scale, he shall not be entitled to count his services in the lower scale. Mr.Bhuvnesh Sharma, states that he will be satisfied if the case for regularization of his client as Receptionist is considered by taking into consideration the services rendered from 1994 onwards. The petitioner has already given a clear-cut option that he is willing to forego the service rendered by him as Beldar and his seniority for regularization as Receptionist may be counted from February, 1994 onwards. Such option was given vide Annexure A/12. In view of this option, we quash the order annexure A/2 regularizing the petitioner as Beldar and direct that his case for regularization as Complaint Attendant/Receptionist shall be considered in accordance with the existing policy of regularization 3 followed by the State Government. The decision in this regard be taken within three months from today and on regularization of the petitioner, he be paid his arrears etc. within two months thereafter. The writ petition is disposed of in the aforesaid terms. ( Deepak Gupta ) Judge July 17, 2009 (Surinder Singh) (m) Judge