IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMP No. 1831/2010 Decided on: 29.7.2010. Ram Dei. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Mr. A.K. Gupta, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. Justice Rajiv Sharma Case of the petitioner, in a nutshell, is that her husband was serving as Mortar Mate in the Irrigation and Public Health Department, Division Baggi, District Mandi. He died in harness in the month of May, 2001. According to the petitioner though her husband has worked for more than eight years and has completed 240 in each calendar year, he was not regularized. Case of the respondent-State, precisely, is that since petitioner’s husband had not completed 240 days in each calendar year, he could not be regularized. Respondent-State has filed the reply. A bare perusal of letter dated 6.5.2000 makes it abundantly clear that daily waged/contingent paid workers, who as per latest instructions issued Whether the reporters of the local papers may be allowed to see the Judgment? 2 vide letter dated 3.4.2000 had completed eight years of continuous service with a minimum of 240 days in a calendar as on 31.3.2000 shall be eligible for regularization. Mr. R.K. Sharma, learned Senior Additional Advocate General has drawn the attention of the Court to mandays’ chart i.e. Annexure R-1. Petitioner’s husband has started working as Beldar/Mortar Mate with effect from 1991. He had completed 240 days in each year with effect from 1991 till 2000 except 1993 as per Annexure R-1. He had completed 213 in the year 1993. However, it is evident from Annexure P-4 that petitioner’s husband had worked for 240 days in the year 1993 as well. In view of this, the petitioner’s husband has worked continuously with effect from 1990 to 2000 and had completed 240 days in each calendar year. He was required to be regularized immediately after the completion of eight years of service. Accordingly, in view of the observations made hereinabove, respondents are directed to consider the case of the petitioner’s husband for regularization immediately after the completion of eight years of service on the basis of notification dated 6.5.2000 with all the consequential benefits. Needful be done within a period of eight weeks from the date of production of certified copy of this judgment. There shall, however, be no order as to costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma) Judge. 29.7. 2010. *awasthi*