IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No.15523 of 2008. Date of decision: 17.3.2011 Chaman Lal …. Petitioner Versus State of H.P & ors. .... Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: None. For the respondents: Sh.Vivek Singh Thakur, Additional .Advocate General with Sh.Rajesh Mandhotra, Deputy Advocate General. Deepak Gupta, J.(Oral) By means of this petition, the petitioner has prayed that he be regularized w.e.f. 18.8.2000 and the order of regularization dated 7.12.2006 be modified accordingly. The State has filed mandays chart of the petitioner Chaman Lal which shows that from the year 1993 onwards, the petitioner has worked for more than 240 days in each calendar year continuously. 2 As per the scheme approved by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P and Others, 1994, Supplementary (2) Supreme Court Cases 316, any workman employed in the State Government was entitled to grant of work charge status on completion of ten years uninterrupted service on daily wages for 240 days in each year. This is not what has been held in Gauri Dutt & ors. Vs. State of H.P Latest HJL 2008 (HP) 366. Therefore, the petitioner is entitled to work charge status w.e.f. 1.1.2003. However, regularization can only be granted when the vacant post was there. So the order of regularization dated 7.12.2006 is not modified but the petitioner is granted work charge status w.e.f. 1.1.2003. It is further directed that the State shall work out the monetary arrears, if any, due and payable to the petitioner and shall pay the same to him latest by 31.7.2011 alongwith interest @ 6% per annum from the date when the amount fell due failing which the State shall be liable to pay interest @ 12% per annum. 2. The petition is disposed of in the aforesaid terms. No order as to costs. March 17, 2011 (m) ( Deepak Gupta ) Judge 3