IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2425 of 2011 Date of decision: 08.08.2011 Nand Lal …. Petitioner Versus State of H.P. and others ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. A.K. Gupta and Mr. R.D. Kaundal, Advocates. For the respondents: Mr. J.S. Guleria, Assistant Advocate General. V.K. Ahuja, J. (Oral): No rejoinder sought to be filed. The petitioner, who is working as a Peon/Forest Worker since 1991, has been regularized as per the Policy of the Government in the year 2006, though he had completed 10 years of service on 31.12.2000. According to the decision in Mool Raj Upadhyaya Vs. State of H.P. and others, 1994 Supp (2) Supreme Court Cases 316, a worker who has completed 10 years service as on 31.12.1993, was liable to be regularized as a work-charged. The only condition was that he should have been in continuous service with a minimum of 240 days in each calendar year as on 31.12.1993. However, in the present case, the petitioner has been regularized in the year 2006, though he was to be entitled to be regularized in 1Whether reporters of Local Papers may be allowed to see the judgment? 2 pursuance of the above decision with effect from 1.1.2001. Accordingly, the present petition is allowed and the petitioner shall be entitled to be regularized as a work-charged employee with effect from 1.1.2001. He shall also be entitled to all the consequential benefits. Accordingly, the necessary orders shall be passed within a period of two months. The petitioner will be entitled for continuation as per the decision in CWP No. 7676 of 2010, titled Paras Ram Vs. The State of H.P. and others, decided on 15.3.2011, since he was to retire at the age of 60 years and not at the age of 58 years. Necessary orders in that regard shall be passed by respondent No. 3. The petitioner shall place a copy of the order before respondent No. 3 for compliance. In view of the above, the petition stands disposed of, so also the pending miscellaneous application(s) if any. Copy Dasti. ( V.K. Ahuja ), August 08, 2011 Judge (BSS) 3