IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.8534 of 2010. Decided on: 28th December, 2010. Sarwan Kumar. ….. Petitioner. Versus State of H.P. and ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Vikram Thakur, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner seeks continuance upto 60 years of age. As per the Recruitment and Promotion Rules, the regularized Beldar is to retire on completion of 58 years of age. If not regularized, the daily wager alone can continue upto the age of 60 years. The submission of the petitioner is that having joined as a daily wager in the year 1990, he should have been regularized/conferred with the work charge status on completion of 8/10 years of service. In case the petitioner had completed the required mandays for the continuation period for 8/10 years prior to 2001, he has a right to be considered either for conferment of work charge status or for regularization in terms of the decision of the Apex Court in Mool Raj Upadhyaya vs. State of H.P. 1996 Supp. (2) SCC 316. There will be a direction to the third respondent to look into the matter and see whether the petitioner was otherwise 2 eligible for conferment of work charge status/regurlization prior to May, 2001. In case he is conferred with the work charge status or he is regularized prior to May, 2001, he shall be continued upto the age of 60 years. The needful shall be done within a period of one month from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. Needless to say that in case the petitioner is superannuated in the meanwhile, the same shall be subject to the decision taken by the third respondent. 4. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 28th December, 2010. ( Justice V.K. Ahuja), (tr) Judge.