IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2788 of 2010 Date of decision: 27.7.2010 Amar Singh .. Petitioner. Vs. State of H.P. & Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Davinder Chauhan Jaita Advocate. For the respondents : Mr. R.K. Sharma, Sr. Addl. A.G. for the respondents. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “(a) That the respondent may be directed to grant the status of daily wager since June, 2004 by maintaining the seniority of the petitioner over and above to his juniors. (b) That the respondent may be directed to release on all his dues and increments or benefits which accrues to him by reckoning the period of 10 years as part timer for 2 granting him the status of daily wager and consequently to regularize his services keeping in view the law for regulating the same.” 2. The learned Senior Additional Advocate General in fact inviting reference to Annexure R-1 policy submits that the Government framed a policy for conferment of daily waged workers status in respect of part time workers, who completed 10 years of service. The Annexure R-1, letter dated 5.7.2007 covers those part time Class-IV employees having completed 10 years continuous service as on 31st March, 2006. Hence, it is submitted that the petitioner was granted the daily waged status from January, 2008 after completing the codal formalities as per Annexure R-1. But it is seen from Annexure P-3 proceedings of Director Social Justice and Empowerment, Himachal Pradesh dated 22nd May, 2004 that the Government had issued earlier letter dated 27.2.2004 for conferment of daily wager status to those part time workers who have completed 10 years of service. We find that as many as 21 such part time workers have been granted the benefit also. It is the contention of the learned Senior Additional 3 Advocate General that Annexure P-3 pertains only to the Social Justice and Empowerment Department. It is true that Annexure P-3 is in respect of those 21 daily wagers of the Social Justice and Empowerment Department but the Government letter does not give any indication that it is confined to only one Department. Apparently, it is the policy decision taken by the Government. The Government cannot differentiate one Department to another. In case in one Department of the Government, part time workers with 10 years of service have been granted the daily waged status, similarly situated part time workers with the same length of service of the other Departments are also entitled to the same benefit lest the action of the State would attract Article 14 of the Constitution of India. Therefore, in terms of the Government letter dated 27.2.2004 referred to in Annexure P-3, the petitioner shall also be given a similar status. The needful in this regard shall be done within a period of 2 months from the date of production of the copy of the judgment by the petitioner. 4 3. With the above observations, the writ petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. July 27, 2010 (Justice Kuldip Singh), (GR/VT) Judge.