Civil Review No.67 of 2008 15.7.2009 Present: Sh.R.M. Bisht, Dy.A.G., for the petitioners. Notice of this Review Petition was sent to the respondent but he has not appeared despite service of notice. It would be pertinent to mention that the respondent did not appear in CWP No.1152 of 2008 despite service. He also did not appear when notice was sent to him for condonation of delay in filing the Review Petition and even now he is not putting appearance. The grievance of the State is that the employee started working in the higher post of Motor Mate only w.e.f. 1.3.1994 onwards and therefore the judgment in CWP No.778 of 2006 is not applicable in respect to his service rendered after 1.1.1994. While deciding CWP No.778 of 2006 we had clearly held that the benefit of Mool Raj Upadhaya’s case would be available only to those employees who were in service in the post prior to 31.12.1993. In the judgment itself we have noticed that the workman was appointed as Work Inspector on 1.3.1994. This is after 31.12.1993 and therefore the employee cannot get benefit of this. He has been admittedly working continuously as beldar from 21.7.1986 and therefore is entitled to regularization as beldar on completion of 10 years uninterrupted service of 240 days in each calendar year. In case the employee wants regularization/work-charge status on the basis of the higher post then he shall have to be governed by the subsequent policy issued by the State Government and not by the judgment in the Mool Raj Upadhaya’s case. Since the employee in the present case started working in the higher scale after 1.1.1994, he would not be entitled to count the service rendered thereafter for the purpose of granting him work- charge status/regularization. There is an error apparent on the face of the record. We, therefore, recall the judgment dated 7.1.2008 passed in CWP No.1152 of 2006 and dispose of the writ petition with the following directions: 1) In case the employee opts to be regularized by counting his entire service he shall be given work-charged status on completion of 10 years continuous service by combining his service both as beldar as well as in the higher scale as per the law laid down in CWP No.778 of 2006. 2) In case the workman wants to be given work-charged status in the higher scale then he shall be governed by the policy issued by the State Government after 1.1.1994. 3) The State Government may give an option to the workman and shall give him work-charge status in accordance with the option exercised by him. Both the Review Petition and Writ Petition are disposed of accordingly. ( Deepak Gupta ), J. July 15, 2009 ( V.K. Ahuja ), J. PV