IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPT No.11931 of 2008 Decided on: November 4, 2011 Som Raj ..Petitioner Versus State of H.P. and others .. Respondents Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Naresh Kaul, Advocate. For the Respondents: Mr. Ramesh Thakur, Assistant Advocate General. __________________________________________ Surjit Singh, Judge (oral) Petitioner, whose services as Pump Operator have been regularized w.e.f. 5.12.2002, vide order dated 13.5.2004, copy Annexure A-2, in Irrigation and Public Health Department of Himachal Pradesh, filed the present petition as Original Application before the erstwhile H.P. State Administrative Tribunal, seeking issuance of a direction to the respondents to confer upon him work charge status as Pump Operator, on completion of requisite length of service, because according to him, he was initially appointed as Chowkidar on daily wage basis on 15.7.1982 and continued to work as such upto 31.12.1990, and then Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? É2É from 1.1.1991, he was engaged as a daily waged Pump Operator. According to the prayer clause, he is entitled to be conferred work charge status w.e.f. 1.1.1994. 2. Respondents denied the averment that the petitioner was engaged as Chowkidar from 15.7.1982. According to them, he was engaged as Chowkidar for the first time in August, 1989 and continued to work as such upto 31.8.1991 and from 1.9.1991, he was engaged as Pump Operator and his services have been regularized w.e.f. 5.12.2002, as per policy of the Government. 3. On abolition of the said Administrative Tribunal, matter has come to this Court and registered as the present writ petition. 4. I have heard learned counsel for the parties and gone through the record. 5. There is nothing on record, showing that petitioner had been engaged as Chowkidar w.e.f. 15.7.1982, as claimed in the petition. Respondents have specifically stated that he was engaged as Chowkidar only in August, 1989. Petitioner has not filed any rejoinder to controvert this plea of the respondents. So, there should be no hitch in accepting respondents’ plea that petitioner started working as Chowkidar, on daily wage basis, in August, 1989. 6. A Division Bench of this Court in Gauri Dutt and others Vs. State of H.P., Latest HLJ 2008 (HP) É3É 366, has held that where a daily waged worker has worked in such capacity on different posts, some of which are in the lower grade and some in the higher grade, then the worker, on completion of requisite length of service, as per scheme of conferment of work charge status, is entitled to be given an option to seek work charge status, on the lower post. 7. In view of the aforesaid judgment, petition is disposed of with a direction to respondent No.3, i.e. Superintending Engineer to afford an opportunity to the petitioner to exercise option for conferment of work charge status as Chowkidar, on completion of combined 10 years service, as daily waged Chowkidar and Pump Operator, and in case he opts for conferment of work charge status as Chowkidar, to grant him such status. Petitioner shall be given at least 30 days time to exercise the option. November 4, 2011 (ss) (Surjit Singh), J.