HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. : 1095 of 2006. Decided on: 28.10.2009. State of H.P. and others ……… Petitioners. Versus Dharam Pal ………Respondent. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. The Hon’ble Mr.Justice V.K. Ahuja, Judge. Whether approved for reporting? No. For the petitioners: Mr.R.M. Bisht & Mr.Rajesh Mandhotra, Deputy Advocate Generals. For the respondent: Mr.R.D. Kaundal, Advocate. Deepak Gupta, J.(Oral): This writ petition is directed against the order of the erstwhile H.P. State Administrative Tribunal, dated March 2, 2006, passed in Original Application No.3028 of 2004, whereby the State has been directed to give work charge status to the applicant after completion of 10 years of service, by relying upon the judgment of the Apex Court in Mool Raj Upadhyaya versus The State of Himachal Pradesh and others, 1994(2) SLR 377. This Court has considered this question in Gauri Dutt and others versus State of H.P., Latest HLJ 2008 (HP) 366, wherein we held that the benefit of Mool Raj Upadhyaya’s case (supra) would be confined to those ___________ Whether reporters of local newspapers may be allowed to see the judgment? Yes. - 2 - employees, who had completed 240 days of service prior to 1.1.1994. Admittedly, in the present case, the respondent/employee had not completed 240 days of uninterrupted service on or before 31.12.1993. Therefore, the scheme laid down in the Mool Raj Upadhyaya’s case does not apply to the respondent/employee. Having said so, we are also of the view that the case of the respondent/employee shall be covered by the subsequent schemes framed by the Government for regularization of the employees and the respondent/employee shall be governed by the said schemes. With the aforesaid observations, the writ petition stands disposed, so also the pending application(s), if any. (Deepak Gupta), Judge. (V.K. Ahuja), October 28, 2009. Judge. (TILAK)