CWP No. 231 of 2008 1.4.2010 Present:- Mr. R.K.Sharma, Senior Addl. Advocate General with Mr. P.K.Sharma, Addl. A.G. and Mrs. Shubh Mahajan, DAG for the petitioners. None for the respondent. The respondent has been served in this case but none appeared on his behalf on 3.7.2008 when the case was taken up before the Deputy Registrar (Judicial). The Tribunal vide judgment dated 17.8.2007 has directed that the respondent herein be granted work charged status as Pump Operator w.e.f. 1.1.1999 on the undisputed facts, the Tribunal enumerates the service career of the respondent in various capacities has held to be:- “9. There is no dispute that during the said 10 years, requisite service, applicant worked for 36 days as Beldar and about 4 years as Beldar and w.e.f. 6.2.1989 as Helper and thereafter w.e.f. 1.2.1993 as Pump Operator. Thus, during that requisite continuous service of 10 years, the applicant has worked for a longer period i.e. for 5 years and 11 months as Pump Operator, therefore, in view of the decision rendered by the Hon’ble High Court in Sohan Lal and Another Vs. State of H.P. & Anr. (CWP No.939/96 decided on 8.8.1996) and decision of this Tribunal the applicant is entitled to be appointed on the work charged basis as Pump Operator w.e.f.1.1.1999.” We find that he has been working as Pump Operator on 1.2.1993. In these circumstances, as per mandays’ chart, the work charged status could not be granted w.e.f. 1.1.1999 but from the date when he completed the requisite number of mandays and years of service against the post of Pump Operator. This Court while dealing with the grant of work charged - 2 - status in Gauri Dutt and Ors. Vs. State of H.P. Latest H.L.J. 2008(1) 366, has held that it would be open to an employee to claim status against a post which is more advantageous to him. Obviously the post of Pump Operator is higher in hierarchy than that of a Beldar and in all probability the respondent would have exercised his option of grant of work charged status as Pump Operator. We hold that the respondent herein shall be entitled to work charged status Pump Operator from the date when he completes the requisite number of mandays and years in service. In view of this, the writ petition is allowed, judgment of the Tribunal is modified. It is directed that the respondent herein shall be granted work charged status as Pump Operator from the date when he completes requisite number of mandays and years against the post of Pump Operator according to the manday’s chart as filed by the petitioners. We make it clear that in case the respondent herein, wishes to exercise any other option for grant of work charged status in accordance with law, he may approach the department concerned. This writ petition is disposed of, so also the pending applications. Interim order stands vacated. ( Dev Darshan Sud ) Judge. April 1, 2010. (Kuldip Singh), (GR) Judge.