HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4475/2008 (OA No.1420/1997) Date of Decision: May 8, 2009 Jia Lal & Anr. ……. Petitioners Versus State of H.P. & Ors. …….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioners : Mrs. Ranjana Parmar, Advocate. For respondents : 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 No.1 was initially engaged as a Helper on 23.9.1985 and he worked as such till August, 1986, when he started working as a Fitter Grade-II. Petitioner No.2 was initially engaged as a Helper on 1.2.1986 and he worked as such till February, 1987, when he started working as a Fitter Grade-II. The respondents, in accordance with their Policy regularized them as Beldar which was conditionally accepted by them at the time of their joining on 18.6.1997. This is so evident form Annexure A-13. Respondents, however, vide communication dated 27.6.1997 (Annexure -14) clarified that the petitioners’ joining under protest has no meaning, hence they were asked to review their joining reports. The present petition was filed in the year 1997 before the erstwhile Himachal Pradesh Administrative Tribunal. The same was admitted on 23.8.1998. The Tribunal on 25.7.1997 also directed the 2 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reply, the respondents have stated that the appointment of the petitioners made in terms of order dated 18.6.1997 was withdrawn and fresh order dated 27.8.1997 was issued whereby they were allowed daily wage rates as per their earlier engagement as reflected in the muster roll. The matter has been pending since then and the petitioners had been working as Fitter Grdae-II. 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, petitioners 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 petitioners be regularized/work charge status be granted as Fitter Grade-II, in accordance with law, from the date they completed 10 years of service in the said grade. Since the petitioners have continued to work in the said grade, they must have received the monetary benefits. However, if it is ultimately 3 determined that they are entitled to some arrears, the same shall be disbursed to them within a period of three months from today. With the aforesaid observations, the petition is disposed of. ( Sanjay Karol ), Judge. May 8, 2009 (rana)