CWP (T) No.11407 of 2008. 23.11.2009. Present: Mr. R.D. Kaundal, Advocate, vice counsel for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General, with Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate Generals, for the respondents. Material facts necessary for the disposal of this petition are that the petitioner was appointed as daily waged Beldar in the HP PWD, Division Rajgarh in the year 1994. He had completed 10 years of service upto 31.12.2003 with 240 days in each calendar year. He had approached the learned H.P. Administrative Tribunal by way of OA No.2680 of 2003. The same was directed to be treated as representation to respondent No.2. Respondent No.2 rejected the representation on 5.12.2003. Mr. R.D. Kaundal, learned counsel for the petitioner has vehemently argued that as per the judgment rendered by the Apex Court in Mool Raj Upadhaya vs. State of Himachal Pradesh, 1994 Supp.(2) SCC 316, State of Himachal Pradesh and others vs. Gehar Singh (2007) 12 SCC 43 and as per the regularization policy, the services of his client ought to have been regularized. Mr. R.K. Sharma, learned Senior Additional Advocate General has argued that the case of the petitioner can only be considered for regularization in accordance with law. We have heard the learned counsel for the parties and gone through the pleadings carefully. -2- Petitioner was appointed as daily waged Beldar in the year 1994. He has completed 10 years of regular service. He has completed 240 days in each calendar year. In view of the ratio laid down by the judgments in Mool Raj Upadhyaya’s case and Gehar Singh’s case, the services of the petitioner are required to be regularized after completion of the period prescribed in the policy. Accordingly, the respondents are directed to consider the case of the petitioner for regularization according to the relevant policy framed by the respondent- State within a period of ten weeks from today. With these directions, the petition is disposed of. (R.B. Misra), ACJ. 23rd November, 2009. (Rajiv Sharma), J. (tr)