IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. (T) No. 224 of 2008 Date of decision: 16.7. 2009 Sh. Virender Verma …..Petitioner Versus State of H.P. and another . ……Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . No For the Petitioner: Mr. A.K. Gupta, Advocate. For the respondent : Mr. R.M. Bisht, Dy. Advocate General, with Mr. Mr. Rajesh Mandhotra Vikas Rathore, Dy. Advocate General, for respondent- State. Deepak Gupta, J (Oral). The grievance of the petitioner is that he should have been regularized as Work Inspector and not as beldar. As per the Mandays Chart filed by the respondent, the petitioner started working with the respondent-State as daily-waged employee only in the year 1995. In 1995, he did not complete 240 days in a calendar year. First time, in the year 1996, he completed 366 days as beldar. Thereafter from 1996 onwards even according to the Mandays chart prepared by the respondent, the petitioner has been continuously 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. no - 2 - working as Work Inspector for more than 240 days in a year till the year 2006. 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. Ashwani Kumar Gupta states that he will be satisfied if his case for regularization as Work Inspector is considered by taking into consideration the services rendered from 1997 onwards as Work Inspector. We accordingly dispose of the petition with the direction that in case, the petitioner within four weeks from today files a clear cut option with respondent No. 2 opting to be regularized/granted work-charge status as Work Inspector by taking into consideration his services rendered as daily waged Work Inspector from 1997 onwards then his order of regularization of beldar shall be recalled and his regularization as Work Inspector shall be considered strictly in accordance with the existing policy of the State Government. In case, no option is given within four weeks then it will be deemed that petitioner wants to be regularized as beldar. The petition is disposed of in the aforesaid terms. Copy dasti. (Deepak Gupta),J. July 16, 2009 (Surinder Singh),J (cm)