CWP No. 194 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 28.4.2008 when the case was taken up before the Deputy Registrar (Judicial). The Tribunal vide judgment dated 26.9.2007 has directed that the respondent herein be granted work charged status as Pump Operator w.e.f. 1.1.1999. The Tribunal holds with respect to the services rendered by the respondent in various capacities as under:- “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.” This Court while dealing with the grant of work charged 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 by reading the aforesaid order, it transpires that since the post of Pump Operator is higher up in the hierarchy, it would have been more beneficial for the respondent to claim work charged status for Pump - 2 - Operator on completing requisite number of mandays and years in service. He could not have been granted work charged status as Pump Operator w.e.f. 1.1.1999. In view of this, the writ petition is allowed, order of the Tribunal is partly 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 option against any other post for work charged status in accordance with law, he may approach the department concerned. The writ petition is disposed of, so also the pending applications. ( Dev Darshan Sud ) Judge. April 1, 2010. (Kuldip Singh), (GR) Judge.