IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 831 of 2006 Date of decision: 03.11.2009 State of H.P. and others …Petitioners Versus Om Prakash …Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice V.K.Ahuja, J. Whether approved for reporting?1 No. For the petitioners: Mr. R.K.Bawa, Advocate General with Shri Rajesh Mandhotra, Deputy Advocate General. For the respondent: Mr. Naresh Kaul, Advocate. Per Deepak Gupta, J. (Oral) The State has filed this writ petition against the order of the learned Tribunal in O.A. No. 219 of 2005 dated 23rd May, 2006 whereby a direction has been given to grant work charge status to the applicant from the date he completed 10 years of service with 240 days in each calendar year within a period of six months from the date of the order by the Tribunal. The grievance of the State is that the petitioner had not completed 240 days of service prior to 31.12.1993 and therefore the scheme approved by the Apex Court in Mool Raj Upadhyaya vs. State of H.P. and others, 1994 Supp(2) SCC 316, does not apply to his case. In Gauri Dutt and ors. Vs. State of H.P. 366 LHLJ 2008(1) this Court has specifically held that the 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 benefit of the scheme approved in Mool Raj Upadhyaya’s case is available only to those employees who have completed at least 240 days of service prior to 31.12.1993. Admittedly, the respondent had not even served for a single day and joined service on daily- wage basis after 1.1.1994. Therefore, his case is not governed by the scheme approved in Mool Raj Upadhyaya’s case. Consequently, the order of the learned Tribunal is set-aside. We may, however, clarify that the regularization/grant of work charge status to the respondent shall be governed by the subsequent schemes framed by the State of Himachal Pradesh and he be regularized/granted work charge status accordingly. The writ petition is disposed of accordingly. No order as to costs. ( Deepak Gupta ), J. 3rd November, 2009 ( V.K.Ahuja), J. ™