IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C. Review No. 61 of 2011 and CWP No. 211 of 2008. Date of Decision : June 21, 2011 State of H.P. and others … Petitioners Versus Prithvi Singh … Respondent. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioners : Mr. R. K. Bawa, Advocate General with Mr. J. K. Verma, Dy. A.G., for the petitioners. Justice Kurian Joseph, C.J. (Oral) CMP(M) No. 400 of 2011 Heard. Allowed. Civil Review Petition No. 61 of 2011 This is an application for review of the judgment dated 30.7.2010 passed in CWP No. 211 of 2008. The writ petitioner approached this Court for regularization. It appears that inadvertently the matter has been tagged with a bunch of cases dealing with claim of the people for counting 50% of their daily waged service for the pupose of pensionary benefits. (State of Himachal Pradesh and others versus Sarab Dayal, CWP No.180 of 2 2001 decided on 19.7.2007) That is not the issue in the writ petition. In view of the mistake apparent on the face of the judgment the judgment dated 30.7.2010 in CWP No. 211 of 2008 is reviewed and the said judgment is recalled. CWP No. 211 of 2008 The State has filed this writ petition challenging the orders passed by the erstwhile Himachal Pradesh Administrative Tribunal. The Tribunal has ordered the petitioners to consider the case of the private respondent in light of the decision of the Supreme Court in Mool Raj Upadhyaya vs. State of H.P. and others, 1994 Supp. (2) SCC 316. It is the contention of the State that the private respondent is a Nepali citizen hence decision in Mool Raj Upadhyaya vs. State of H.P. will not apply. We find force in the submission. However the judgment that is applicable to the private respondent is judgment of this Court, dated 27.7.2009, passed in CWP No.1594 of 2008, titled Man Singh versus State of H.P. and Ors. Therefore this writ petition is disposed of making it clear that case of the private respondent shall be considered in the light of the judgment passed by this Court in Man Singh versus State of H.P. and others. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. June 21, 2011 (PK/C)