IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 4989 of 2008. Date of decision: 25.8.2010 Satish Kumar. …. Petitioner Versus State of H.P & anr. .... Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Mr.K.D.Shreedhar, Advocate. For the respondents: Sh.Vivek Singh Thakur, Addl.A.G with Sh.Rajesh Mandhotra, Dy.Advocate General. Deepak Gupta, J.(Oral) The grievance of the petitioner is that he should have been regularized as Mechanic Grade II (Auto) and not as Beldar (Auto). 2. The State has filed its reply in which it is stated that the petitioner was initially engaged on daily wages on 12.3.1984 and worked as Beldar till December, 1984. From August, 1984 till May, 1985, the petitioner worked as Mechanic Grade-I and from June, 1985 till December, 1986, he worked as Helper. From January, 1987 till October, 1987, he worked as Helper (Skilled) and from November, 1987 till December, 1988, the petitioner worked as Fitter Grade-II. The stand of the respondent- 2 State is that from January, 1989 till December, 1993, the petitioner worked as Mechanic Grade-I. 3. In Gauri Dutt & ors. Vs. State of H.P Latest HJL 2008 (HP) 366, question No.4 framed by the Court reads as follows:- “Where if an employee has rendered service on daily waged basis on 2 separate posts in lower and higher scales, can the employee be given benefit of the service rendered by him in the lower scale and be regularized in the higher scale by combining the two services after 10 years?” This question was answered in the following terms:- “18. The last question raises some interesting points. There have been instances where some employee has worked as beldar for some time and thereafter he has been engaged in a higher scale as mate or supervisor etc. The Tribunal in most of these cases has directed that the employee shoud be granted work charge status in the higher post on completion of 10 years of service after combining the service rendered in the lower scale and the higher scale. The State is aggrieved by these directions. According to the learned Advocate General the State has offered work charge status to these employees on completion of 10 years of combined service in the lower of the two scales and the State cannot be directed to grant work charge status in the higher scale. On the other hand, it is contended on behalf of the employees that since the employees are already 3 working in the higher scale, it would not be fair and equitable to grant them work charge status in the lower scale. 19. We have considered the arguments from all angles. We are of the view that the employee cannot be given the benefit of combining service rendered in both the scales and be granted work charge status in the higher scale. We do, however, feel that at times it may be inequitable to grant the employee work charge status in the lower scale without giving him an option in this regard. We are giving two examples to illustrate two extreme positions. In example (i) we will deal an employee (A) who joined service on 1.1.1990. He works in the lower scale of beldar from 1.1.1991 to 31.12.1999. He is thereafter posted as Supervisor in the higher scale. Should he be granted work charge status as beldar or as Supervisor w.e.f. 1.1.2001? The other example is converse. Supposing employee (B) has worked as beldar w.e.f. 1.1.1991 to 31.12.1991 and from 1.1.1992 he has worked as Supervisor. From which date should we grant him work charge status and in what scale? It is obvious that in the first case the employee would not mind being granted work charge status even in the lower scale after 10 years w.e.f. 1.1.2000 since grant of work charge status would mean that he would get regular scale of pay. But should the employee be granted work charge status in the higher scale ? We cannot agree with this preposition. 20. After considering all the pros and cons and keeping in view the fact that various anomalous situations may arise we are of the considered view that when an employee completes 10 years of continuous service combined in two scales, an option should be given to the employee to either accept work charge status in the lower scale or he may continue to work on daily rated basis in the higher scale and claim work 4 charge status in the higher scale on completion of 10 years of continuous service in the said scale. In the examples given above, employee (A) may prefer to accept work charge status w.e.f. 1.1.2001 even in the lower scale of beldar because otherwise he may have to wait for 9 years before he is granted work charge status. On the other hand, employee (B) in the second example may prefer to delay the grant of work charge status by one year so that he can get work charge status in the higher scale. We feel that in each case the choice should be left to the employee. However, if the employee on being given a chance to exercise his option does not convey his option within 30 days, he shall be granted work charge status in the lower scale by combining the service rendered in both the scales. This answers the fourth question.” This case is squarely covered by the judgment rendered in Gauri Dutt’s case. If the petitioner wants his entire service to be counted, his regularization can be in the post of Beldar only but if he is willing to have the services from January, 1989 counted for the purposes of regularization, he shall be given work charge status/regularized as Mechanic Grade-I. The petitioner may within two months from today exercise an option as to whether he wants to be given work charge status/regularized as Mechanic Grade-I in which event his services from January, 1989 shall be taken into consideration and if the petitioner wants his entire service 5 to be taken into consideration then the order, in question, shall continue to stand. The petition is disposed of in the aforesaid terms. No order as to costs. August 25, 2010 (Deepak Gupta) (m) Judge