IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPT No.14987 of 2008 Date of Decision: December 14, 2011 Chamel Singh son of Shri Sohan singh, Village Janglee, PO Bara, Tehsil Nadaun, District Hamirpur, presently working as Beldar in I&PH Sub Division Nadaun, District Hamirpur, H.P. ..Petitioner Versus 1. State of Himachal Pradesh through Secretary I&PH to the Government of Himachal Pradesh, Shimla -171002. 2. Superintending Engineer, I&PH Circle, Hamirpur, District Hamirpur, H.P. 3. Sub Divisional Officer, I&PH Sub Division Hamirpur, District Hamirur, H.P. ..Respondents Application under Section 19 of the H.P. Administrative Tribunal Act, 1985. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Arun Kumar Sharma, Advocate vice Mr. Aman Deep Sharma, Adv. For the Respondents: Mr. Ramesh Thakur, Assistant Advocate General. __________________________________________ Surjit Singh (oral) Heard and gone through the record. Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? É2É CWPT No.14987/2008 2. Petitioner, who has been working as Beldar on daily wage basis with the respondents since 1994, having worked for more than 240 days in each calendar year, seeks grant of work charge status, on completion of 10 years service. His service has been regularized from 2006. His prayer in the present petition is that a direction may be given to the respondents to grant him work charge status also, on completion of 10 years service, with 240 days in each calendar year, which he completed on 31.12.2003. 3. It is not in dispute that petitioner completed 10 years service as daily wage worker, with more than 240 days in each calendar year on 31.12.2003, as is made out from man-days chart, copy Annexure R-3, relied upon by the respondents themselves. Thus, the case of the petitioner is covered by a judgment of Hon’ble Supreme Court in Mool Raj Upadhyaya Vs. State of H.P. and others, 1994 Supp. (2) SCC 316, paragraph 4(1) of which reads as follows: “4(1) Daily-wage/muster roll workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on 31.12.1993, shall be appointed as work-charged employees with effect from 1.1.1994 and shall be put in the time- scale of pay applicable to the corresponding lowest grade in the Government.” É3É CWPT No.14987/2008 4. Consequently, writ petition is allowed and it is ordered that the petitioner be granted work charge status w.e.f. 1.1.2004, as he had completed 10 years service with 240 days in each calendar year on 31.12.2003. Petition stands disposed of. December 14, 2011 (ss) (Surjit Singh), J.