IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10928 of 2011-C. Decided on: December 12, 2011. 1. Shri Surat Singh son of Sh. Sita Ram, resident of Village Chaleli, P.O. Nova, Tehsil and Distt. Bilaspur, H.P. presently serving as a Chowkidar in Deoth Farm, Distt. Bilaspur, H.P. 2. Shri Kamal Raj son of Sh. Dhundu Ram, resident of Village and P.O. Bhajwani, Tehsil Ghumarwin, Distt. Bilaspur, H.P. presently serving as a Peon in Agriculture Department at Bilaspur, Distt. Bilaspur, H.P. 3. Sh. Shyam Lal son of Sh. Bakshi Ram, resident of Village and P.O. Amarpur, Tehsil and Distt. Bilaspur, H.P. presently serving as a Chowkidar in Agriculture Department Bilaspur, H.P. 4. Sh. Kanshi Ram son of Sh. Shiv Ram, resident of Village and P.O. Deoth, Tehsil and Distt. Bilaspur, H.P. presently serving as a Beldar in Agriculture Department Bilaspur, H.P. 5. Sh. Jagdish Ram son of Sh. Bhagwan Dass, resident of Village Bhajwani, P.O. Auhar, Tehsil Ghumarwin, Distt. Bilaspur, H.P. presently serving as a Driver in Agriculture Department at Bilaspur, H.P. ……….Petitioners. Versus 1. The State of H.P. through the Principal Secretary (Agriculture) with Headquarter at Shimla, H.P. 2. The Director of Agriculture with Headquarter at Boileauganj, Shimla-5. 3. The Deputy Director of Agriculture with Headquarter at Bilaspur, Distt. Bilaspur, H.P. ……….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge. For the petitioners: Mr. R.D.Kaundal, Advocate, vice counsel. For the respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioners claim the benefit of the decision of the Supreme Court in Mool Raj Upadhyaya Vrs. State of H.P. , 1994 Supp. (2) SCC 316 and 2 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 bring to the notice of the third respondent. It is open for 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 individual representation(s) by the petitioner concerned before the third respondent. 2. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. December 12, 2011, ( Justice Dev Darshan Sud), (karan/vs) Judge.