HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4474/2008 (OA No.1419/1997) Date of Decision: May 8, 2009 Surender Singh ……. Petitioner Versus State of H.P. & Ors. …….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioner : Mrs. Ranjana Parmar, Advocate. For respondents 1 to 3 : Mr. R. K. Sharma, Sr. Add. A. G. with Mr. Vivek Thakur, Addl. A.G. & Mr. Ankush Dass Sood, Addl. A.G. Sanjay Karol, J. (Oral) Petitioner Surender Singh was initially engaged as Beldar in the year 1985. He worked as such till the year 1987 when, with effect from 15.4.1987, he worked as Assistant Welder. The respondents, in accordance with the Policy regularized him as Beldar. Petitioner joined the post on 19.6.1997 conditionally. This is so evident form Annexure A-12. Respondents, however, vide communication dated 27.6.1997 (Annexure - 14) clarified that the petitioner’s joining on protest has no meaning hence he be asked to review his joining report. The present petition was filed in the year 1997 before the erstwhile Himachal Pradesh Administrative Tribunal. The same was admitted on 26.8.1998. The Tribunal on 25.7.1997 also directed the respondents to pay the daily wage rates which the applicant was getting prior to the filing of the petition. In the reply, the respondents have stated that the appointment of the petitioner made in terms of order dated 18.6.1997 was withdrawn and fresh order dated 27.8.1997 was issued whereby he was allowed daily wage rates as per his earlier engagement as reflected in the muster roll. The matter has been pending since then and the petitioner had been working as Assistant Welder. This Court in Gauri Dutt vs. State of H.P. Latest HLJ 2008 HP 366 has held that employee cannot be given the benefit of combining service rendered in different scales and granted work charge status in the higher scale. However, if the employee has put in more than 10 years of continuous service combined in two scales an option be given to him to either accept work charge status in the lower scale or continues to work on daily wage basis in the higher scale and claim work charge status in the higher scale on completion of 10 years of continuous service in the said scale. In the present case, petitioner accepted the offer of the state under protest. In any event, pursuant to the orders of this Court, the State has reviewed its earlier decision. Hence, in the facts and circumstances, it is directed that the services of the petitioner be regularized/work charge status be granted in accordance with law as Welder Grade-II from the date he completed 10 years of service in the said grade. Since the petitioner has continued to work in the said grade, he must have received the monetary benefits. However, if it is ultimately determined that he is entitled arrears, the same shall be disbursed to him within a period of three months from today. With the aforesaid observations, the petition is disposed of. ( Sanjay Karol ), Judge. May 8, 2009 (rana)