IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 8459 of 2008. Decided on 6 th December, 2010. _____________________________________________________ Bal Singh. …Petitioner. -Versus- The State of Himachal Pradesh and Others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No ________________________________________________________ __ For the petitioner. : Mr. J.R. Thakur, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral) : Petitioner was engaged as Beldar in 1982. He is seeking regularization immediately after completion of 10 years’ continuous service. It is evident from Annexure R-1 that the petitioner has not completed 240 days in each calendar year w.e.f. 1987 to 1991. However, fact of the matter is that as per Annexure R-2, the petitioner has completed more than 240 days in each calendar year w.e.f. 1991 till 2001, except in 1999, whereby there is shortage of 8 days. The respondents ought to have condoned the shortage of 8 days in 1999 for the purpose of completion of 240 days taking into consideration the fact that petitioner had started working with the respondent-department since 1982 and had worked uninterruptedly. In case the delay is not condoned, the petitioner will have to wait for another ten years to be considered for regularization. This will amount to exploitation. The Court is of the considered view that the shortage of few days in completion of 1 Whether the reporters of the local papers may be allowed to see the judgment?. No 240 days in each calendar year could be due to cessation of work or the circumstances in which the petitioner may not be permitted intentionally by the employer to complete 240 days to deny him the benefit of regularization. 2. Accordingly, the petition is allowed. The respondents are directed to consider the case of petitioner for regularization after condoning the shortage of 8 days in 1999, within a period of two months from the date of production of a certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma) Judge December 06, 2010. (bhupender) `