IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 15333 of 2008. Decided on : 10.3.2011. Harvinder …Petitioner Versus. State of H.P. & Ors. … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioner: Mr. R.D. Kaundal, Advocate vice Mr. Aman De`ep Sharma, Advocate. For the Respondents: Mr. Vivek Singh Thakur, Addl. A.G. Deepak Gupta, J. (Oral) 1. The petitioner’s prayer is that he joined as beldar and has completed 10 years of service on 2003 and was therefore due for grant of work charged status w.e.f. 1.10.1993 in accordance with the judgment of the Apex Court rendered in Mool Raj Upadhyaya Vs. State of HP & Ors, 1994 Supp (2) Supreme Court Cases 316. In Gauri Dutt & Ors. Vs. State of HP, Latest HLJ 2008 (HP) 366 a Division Bench of this Court held that only those employees who had rendered at least one year’s service prior to 31.12.1993 would be entitled to the benefit in view of the judgment rendered in Mool Raj Upadhyaya’s case. It was held as follows:- 2 “The scheme does not deal with future contingencies. We cannot read into the judgment of the Supreme Court or in the scheme as approved by the Supreme Court anything more than what is stated in it. As per our reading of the scheme the same only applies to employees who had either completed 10 years of continuous service as on 31.12.1993 or the employees who had rendered one or more year of service, but not completed 10 years of service as on 31.12.1993. This scheme does not apply to those employees who had not completed even one year of service as on 31.12.1993 or who were employed thereafter. The first question of answered accordingly.” 2. It is however clarified that the petitioner shall be entitled to the benefit of the scheme(s) for regularization formulated by the State of Himachal Pradesh from time to time and therefore the respondents are directed to consider the case of the petitioner herein for conferment of work charged status subject to his eligibility in terms of the policy dated 3.4.2000 as explained in policy dated 6.5.2000 in view of the judgment delivered by this Court in CWP No. 2735 of 2010 and other connected matters. Needless to say that the question of conferment of work- charged status does not arise in case the establishment ceases to be a work charged establishment and hence, the conferment of the status will not arise after the abolition of the work-charged status of the establishment. 3. With these observations, the writ petition is disposed of. No costs. 10th March, 2011. ( Deepak Gupta ) (Krn Guleria) Judge.