IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11302 of 2011-A. Decided on: 21st December, 2011. 1. Shri Ram Lal Son of Sh. Kukh Ram, resident of Village Thuth, P.O. Khagna, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Peon in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: April, 1985 Date of regularization: January, 1998. 2. Shri Giani Ram Sharma son of Sh. Mast Ram Sharma, resident of Village Bhaldhar, P.O. Deoth, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: April, 1979 Date of regularization: January, 1998. 3. Sh. Surat Ram, son of late Sh. Padma Ram, resident of Village Kufar, P.O. Chopal, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1983 Date of regularization: January, 1998. 4. Smt. Palka wife of Sh. Deep Ram, resident of village Chaplari, P.O. and Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1985 Date of regularization: January 1998. 5. Sh. Magni Ram son of Sh. Mimta Ram, resident of Village Droly, P.O. Khagna, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: January, 1986 Date of regularization: January, 1998. 6. shri Sita Ram son of Sh. Kumbia Ram, resident of Gunsa, P.O. Nerba, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Mule Man in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: January, 1980 Date of regularization: January, 1998. 7. Sh. Ram Lal son of sh. Kumbhia Ram, resident of Village Gunsa, P.O. Nerba, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: January, 1980 Date of regularization: January, 1998 2 8. Sh. Sita Ram, son of sh. Daulat Ram, resident of Village Ghata, P.O. Daiya, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1987 Date of regularization: July, 1999. 9. Sh. Rai Singh son of sh. Moti Ram, resident of Village Bhaila, P.O. Pulwahal, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Chowkidar in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1989 Date of regularization: January, 2003. 10. Sh. Rama Nand son of Sh. Devia Ram, resident of Village Farahan, P.O. and tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: July, 1987 Date of regularization: July, 1999. 11. Sh. Kalia Ram, son of Sh. Mania Ram, resident of Village Harahan, P.O. Khandabandi, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1983 Date of regularization: January, 1998. 12. Sh. Mohan Lal son of Sh. Bansi Ram, resident of Village Menti, P.O. Nerba, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1986 Date of regularization: January, 1998. 13. Sh. roshan Lal son of Sh. Mohan Singh, resident of Village and P.O. Tharoch, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Chowkidar in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1984. Date of regularization: January, 1998. 14. Sh. Mehar Singh son of Sh. Mohan Singh, resident of Village and P.O. Tharoch, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a forest Worker in forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1987 Date of regularization: July, 1999. 15. Sh. Liaq Ram son of sh. Sadia Ram, resident of Village and P.O. Kaidi, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1984 Date of regularization : January, 1998. 3 16. Sh. Sukh Ram son of Sh. Ranu Ram, resident of village Kufar, P.O. Chopal, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Peon in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1980 Date of regularization: January 1998. 17. Sh. Shamsher Singh son of Sh. Mangal Ram, resident of Village Pujarli, P.O. Shala, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in forest Division Chopal, Distt. Shimla, H.p. Date of engagement on daily wages: 1.1.1989 Date of regularization January, 2003. 18. Sh. Pratap singh son of sh. Relu Ram, resident of village Dimo, P.O. Sarahan, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Chowkidar in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1989 Date of regularization: Feb. 2003. 19. Sh. Mangal Ram Sharma son of Sh. Shiv Ram, resident of Village and P.O. Paban, tehsil Chopal, Distt. Shimla, H.p. presently serving as a Forest worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1984 Date of regularization: January, 1998. 20. Sh. Khaili Ram son of sh. Mangni ram, resident of Village Chyog, P.O. Purwahan, Tehsil Chopal, Distt. Shimla, H.p. presently serving as a Chowkidar in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1989 Date of regularization January, 2003. 21. Smt. Sarita Devi wife of sh. Ramesh Kumar, resident of village and P.O. Sarahan, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a forest Worker in forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1984 Date of regularization Janyary 1998. 22. Sh. Atma Ram son of late Sh. Kamal Chand, resident of village Kharonth, P.O. Purwahal, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Chowkidar in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1986 Date of regularization: January, 1998. 23. Sh. Laiq Ram son of late Sh. KIanshi Ram, resident of Village and P.O. Sarahan, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Chowkidar, in Forest Division Chopal, Distt. Shimla, H.p. Date of engagement on daily wages: 1.1.1989 Date of regularization: January, 2003. 4 24. Sh. Santosh Kumar son of Sh. Dula Ram, resident of village Dhamot, P.O. Nerba, Tehsil Chopal, Distt. Shimla, H.P. presently serving as a Peon in forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: Feb. 1990 Date of regularization: January, 2003. 25. Sh. Mast ram son of Sh. Roop Singh, resident of Village Gharoch, P.O. Daiya, Tehsil chopal, Distt. Shimla, H.P. presently serving as a Forest Worker in Forest Division Chopal, Distt. Shimla, H.P. Date of engagement on daily wages: 1.1.1987 Date of regularization: July, 1999. ….Petitioners. Versus 1. The State of H.P. through the Principal Secretary (Forests) with headquarter at Shimla, H.P. 2. The Principal chief conservator of Forests with Hqr at Shimla, H.P. 3. The Divisional forests Officer, Forest Division Chopal, Dist. Shimla. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the Petitioners : Mr. A.K. Gupta, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioners claim the benefit of the decision of the Supreme Court in Mool Raj Upadhyaya vs. State of H.P., 1994 Supp. (2) SCC 316 and claim work charge status on completion of ten years of daily waged service with 240 days per year. In any case, as rightly pointed out by the learned Deputy Advocate General, there cannot be work charge status prior to 1.1.1994. The claim for regularization will be considered only subject to the availability of vacancies. All these aspects, the petitioners pray, they may be permitted to 5 bring to the notice of the third respondent. It is open to them to do so. In the event of the petitioners filing appropriate representation(s) furnishing their service particulars, the matter will be considered and appropriate action will be taken in accordance with law within four months from the date of production of a copy of this judgment along with the representation(s) by the petitioner concerned before the third respondent. 2. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 21st December, 2011. (Justice Rajiv Sharma), (kck) Judge.