IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 8162/2008 Decided on:5.7.2010 _____________________________________________ Ashwani Kumar. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Dushyant Dadwal, Advocate. For the Respondents: Mr. P.M. Negi, Dy. Advocate General. _____________________________________________________ Rajiv Sharma, Judge (oral). Petitioner was appointed as Pipe Lineman in the year 1989. He was regularized with effect from 1.4.1998 vide office order dated 23.7.1999. The regularization orders were withdrawn vide impugned order dated 29.10.2001 purportedly on the ground that the petitioner has not completed nine years of continuous service with minimum of 240 days in each calendar year as on 31.12.1997. Petitioner was subsequently regularized vide Annexure A/A dated 4.1.2003 against the post of Helper in the pay scale of Rs. 2620-4140. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Mr. Dushyant Dadwal has drawn the attention of the Court to manday’s chart placed on record. It is true that petitioner has completed only 187 days in the year 1989 as per Annexure RF, however, he has continuously worked with effect from 1990 to 1998 and has completed more than 240 days in each calendar year. Since the petitioner was appointed before 31.12.1993, as per Mool Raj Upadhaya versus the State of Himachal Pradesh and others, 1994 Supp (2) SCC 316, his case was required to be considered for conferring work charge status. Accordingly, the petition is disposed of with the directions to the respondents to consider the case of the petitioner as Pipe Lineman strictly as per Mool Raj Upadhaya’s case for conferring work charge status upon him after the completion of ten years with effect from 1989 onwards. Needful be done within a period of ten weeks after the production of certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma), Judge 5.7.2010 *awasthi*