IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 6218 of 2008 Date of decision: 09.08.2010 _________________________________________________________ Baldev Raj … Petitioner Versus H.P. State Electronics Development Corporation … Respondent. _________________________________________________________ Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? _________________________________________________________ For the Petitioner : Mr. Onkar Jairath, Advocate For the respondent : Mr. Praneet Gupta, Advocate. _________________________________________________________ Justice Deepak Gupta, J. (Oral) The petitioner by means of this writ petition sought the following reliefs:- “i) That the respondent Corporation may be directed to regularize the applicant as Computer Operator in the pay scale of Rs. 5800-9200 w.e.f. from the date of his initial appointment i.e. 16th March, 1995; ii) That the respondent Corporation may be directed to pay the minimum pay scale of Rs. 5800- 9200 to the applicant w.e.f. 16th March, 1995 on the principle of “equal pay for equal work” and to pay the arrears alongwith interest @ 18% per annum; iii) That the respondent Corporation may be directed to frame a scheme to regularize the Computer Operators including the applicant, who have put in more than one year’s service in the respondent Corporation;. 2. None of these reliefs can be granted to the petitioner as the petitioner has been permanently absorbed as a Computer Operator in the department of Environment & Science & Technology on 8.10.2007. It has also come on record that prior to this, the petitioner was sent on secondment basis to the H.P.M.C. Neither the H.P.M.C., nor the State of Himachal Pradesh, Department of Environment & Science & Technology are parties to this petition. In their absence, no order can be passed that the petitioner be regularized after completion of 10 years daily rated service in terms of the judgment of the Hon’ble Apex Court In Mool Raj Upadhaya versus State of H.P. 1994 Suppl. (2) SCC 316. The petition is therefore, dismissed. 3. Liberty is however, reserved to the petitioner to make representation to the concerned department(s) to regularize him on competition of 10 years service as daily waged employee. This representation be made within four weeks from today. Alongwith the representation, the petitioner shall send a copy of this order. In case the representation is made within a period of four weeks from today, the same shall be decided within eight weeks thereafter. In case the order is against the petitioner, he shall be at liberty to again approach this Court. The writ petition is accordingly disposed of. (Deepak Gupta), J. August 9, 2010 Pritam