IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. L.P.A. No. 113 of 2010. Decided on: 4th August, 2011. The State of Himachal Pradesh and others. ….. Appellants. -Versus- Jeet Bahadur. …… Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the appellants. : Mr. Ankush Dass Sood, Additional Advocate General with Mr. J.K. Verma, Deputy Advocate General. For the respondent. : Mr. A.K. Gupta, Advocate. ------------------------------------------------------------------------------------------ Justice Rajiv Sharma, J. (Oral): State has filed the present Letters Patent Appeal against the judgment of learned Single Judge dated 28.05.2010, rendered in C.W.P.(T) No. 950 of 2008. 2. Material facts necessary for adjudication of this L.P.A. are that the respondent-workman was engaged as a daily waged Mali in H.P. PWD w.e.f. 01.01.1996. Case of the respondent was that since he had completed 10 years’ continuous service, he should have been regularized. 2 3. According to the appellant-State, the respondent was not regularized, since as per Rule 14 of the Himachal Pradesh Public Works Department Recruitment and Promotion (First Amendment) Rules, 2004, as amended in the year 2004, a candidate for appointment to any service or post must be a citizen of India. 4. However, the learned Single Judge, on the basis of the ratio of Man Singh’s case C.W.P. No. 1594 of 2008, decided on 27.07.2009, came to the conclusion that only requirement which the respondent was required to fulfill, was the eligibility certificate. Consequently, the learned Single Judge has issued directions to the appellant-State to consider the case of respondent for issuance of eligibility certificate by the Head of Department as per the judgment rendered in Man Singh’s case and thereafter to consider his case for regularization as per policy applicable in the case. 5. We are of the considered view that the learned Single Judge has rightly held that the Mool Raj Upadhyaya’s case will not be applicable since the respondent-workman was engaged after 31.12.1993. Learned Single Judge has rightly issued directions to the appellant-State to issue eligibility certificate in favour of the respondent-workman to seek regularization as per the ratio of Man Singh’s case. There is no illegality in the judgment of the learned Single Judge. 3 6. Accordingly, there is no merit in this L.P.A. and the same is dismissed, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. August 04, 2010 (bhupender)