IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2695 of 2008. Decided on 8th September, 2010. _____________________________________________________ Nand Lal. …Petitioner. -Versus- The Himachal Pradesh Agriculture -1 and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Abhinder Pal Gupta, Advocate vice Mr. A.K. Gupta, Advocate. For the respondents. : Mr. Sanjeev Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was appointed as daily wage worker w.e.f. 3rd October, 1991. However, taking into consideration his qualification, he was permitted to discharge the duties of Clerk and was paid wages of the post of Clerk w.e.f. 21st June, 1998. Petitioner has not completed eight years of service as daily wage Clerk as on 31st March, 2006. He was regularized as Peon vide office order dated 18th December, 2006. In fact, he has worked only for 7 years, 9 months and 26 days up to 31st March, 2006. In these circumstances, he could only be regularized as Peon. Since the petitioner has not completed the requisite number of years on the cut off date, i.e., 31st March, 2006, there is no illegality in the action of the respondents in regularizing the services of the petitioner as Peon and not as Clerk. 1 Whether the reporters of the local papers may be allowed to see the judgment? No. 2. However, in the interest of justice, the respondents are directed to seek option of the petitioner as per the law laid down by this Court in Gauri Dutt & Ors. Versus State H.P., Latest HLJ 2008 (HP) 366, in case he has worked beyond the period of cut off date, i.e., 31st March, 2006 as Clerk. 3. In view of the observations/directions made hereinabove, the petition stands disposed of. No costs. (Rajiv Sharma) Judge September 08, 2010. (bhupender)