IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2029 of 2011. Decided on: June 14, 2011. Jagdev Raj. Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner: Mr. Ramakant Sharma, Advocate. For the respondents: Mr. J.K.Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Admitted. 2. The writ petition is filed with the following prayer:- “(i) That the respondents may kindly be directed to regularized service of the petitioner after completion of 8 years service as Sweeper or from the date person junior regularized i.e. 01.04.2008 with all consequential benefits.” 3. In the reply, at paragraphs 1 to 3, it is stated as follows:- “Para 1: That the contents of this para are admitted to the extent that the petitioner is a citizen of India. However, in vi4ew of the submissions being made infra the petitioner has no cause of action to invoke extra ordinary jurisdiction of this Hon’ble Court. Para 2: That in reply to contents of this para it is submitted that petitioner was initially appointed as part time Safai Karamchari i.e. 2 hours in the morning and 2 hours in the evening w.e.f. 7.2.1995 and as per the instruction from the Govt. the service of the petitioner was converted to daily waged on 6.8.2007. Para 3: That the contents of this para are incorrect and hence denied. It is, however, submitted that as per the instructions of the Govt. the petitioner has been given the status of daily waged worker on 6.8.2007. It is re-iterated that the instructions issued by the Govt. from time to time stipulate the cut of date for conversion of employees from part time to daily wage and daily wage to regularization and thus petitioner was converted from part time to daily waged in the year 2007 instead of 2004. It is pertinent to submit here that the instructions issued by the Govt. in the year 2004 had stipulated cut of date for conversion part time employees to daily waged as 31.12.2003 and on the said date the petitioner 2 had not completed 10 years of service which would have made him eligible to be given the status of daily wager. Thus, the petitioner could not be converted from part time to daily waged in the year 2004. Thereafter, the Govt. had issued another instruction in the year 2007 and the cut of date for conversion was 31.3.2006, and the petitioner was converted from part time to daily waged in the year 2007 as per said instruction.” 4. We are afraid that the stand taken in the reply cannot be appreciated. No doubt, as on 31.12.2003, the petitioner had not completed ten years of part time service. But in the subsequent policies also, the stand of the Government was the same that a part time worker should be given the daily waged status on completion of ten years of part time service. Therefore, the petitioner is certainly entitled to conferment of daily waged status in the year 2004, on completion of ten years of part time service. Thereafter on completion of eight years of continuous service with 240 days in each year, the petitioner as per the present policy, should be conferred the regular status. However, it is made clear that the petitioner shall not be entitled to any monetary benefits on account of retrospective conferment of daily waged status w.e.f. 2004, but the period from 2004 shall be counted for the purpose of the regularization and other eligible service benefits. 5. The writ petition is disposed of, so also the pending application (s), if any. (Justice Kurian Joseph), Chief Justice. June 14, 2011. ( Justice Sanjay Karol), (karan/vs) Judge.