IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.11933 of 2008 Date of decision : November 4, 2011 Raghubir Singh …Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Naresh Kaul, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Petitioner, who has been working as Pump Operator with I & PH Department, on daily-wage basis, since 1st April, 1991 and whose services have been regularized as Pump Operator, w.e.f. 5th December, 2002, vide order dated 13th May, 2004, copy Annexure A-2, filed the present petition before the erstwhile H.P. State Administrative Tribunal, for issuance of a direction that his services as Pump Operator should be regularized, on completion of ten years service, on daily- wage basis and while counting this ten years service, service rendered prior to 1st April, 1991, when he was appointed as Pump Operator, should also be taken into account. He alleged that he started working, on daily- wage basis, with the respondents on 7th May, 1987 and Whether reporters of the local papers may be allowed to see the judgment? …2… had been continuously working, initially as Beldar, then Mate, again Beldar and finally as Chowkidar, upto 31st March, 1991 and from 1st April, 1991 he started working as Pump Operator, on daily-wage basis. He claimed that as per policy of the Government, a person working on daily-wage basis, after completing ten years service, is entitled to work-charge status and claimed conferment of such status, when he completed ten years service, to be counted from 7th May, 1987. He claimed conferment of such status in the capacity of Pump Operator. On the abolition of the Tribunal, matter came to this Court and was registered as the present writ petition. 2. Respondent, in their reply, have stated that service rendered as Beldar, Mate and Chowkidar cannot be taken into account, for conferment of work-charge status as Pump Operator. 3. I have heard learned counsel for the parties and gone through the record. 4. A Division Bench of this Court in Gauri Dutt and others versus State of H.P., Latest HLJ 2008(HP) 366, has held that where a daily waged worker has worked in such capacity, on different posts, some of which are in the lower grade and some in the higher grade, then the worker, on completion of requisite length of service, as …3… per scheme of conferment of work charge status, is entitled to be given an option to seek work charge status on the lower post. 5. In view of the aforesaid judgment, petition is disposed of, with a direction to respondent No.3, i.e. Superintending Engineer to afford an opportunity to the petitioner to exercise option for conferment of work charge status on the lower post, on completion of combined ten years service, as daily waged Chowkidar and Pump Operator and in case he opts for conferment of work charge status as Chowkidar, to grant him such status. Petitioner shall be given at least 30 days time to exercise the option. Pending application(s), if any, also stand disposed of. November 4, 2011(sd) ( Surjit Singh ), J