IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 12098 of 2010. Decided on 7.01.2011 Janam Singh ..…Petitioner. Versus State of Himachal Pradesh and others. …… Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. D.K. Khanna, Advocate. For the respondents : Mr. Anil Jaswal, Dy. A. G. V.K.Sharma, Judge (Oral) The petition has been filed on the following prayer vide para 7(i): “ That the respondents may kindly be directed to regularize the services of the applicant with all consequential benefits from the date when he completed 8 years of service and in case junior to him have been regularized then in that case from the date when the junior to him have been regularized.” 2. In reply on behalf of the respondents, the following stand has been taken vide para 6(ii) & (iii) “6(ii). It is admitted to the extent that applicant was engaged as casual labourer from 1993-94 onwards but he has never completed requisite mandays till 1997-98. In this regard, please pursue mandays chart as attached Annexure-R-I. The applicant left the work on his own will during 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 1996-97 and 1997-98. During 1995-96, he has also not earned requisite days. The applicant made allegation that department are resorting to the practice of giving artificial breaks with malafide intention to deny the applicant benefit of regularization of services as per the policy of the Govt. of H.P. is not true. As per policy on regularization the case applicant is premature. “6(iii). It is admitted to the extent that the applicant Shri Janam Singh was engaged as labourer on daily wage basis w.e.f. 04/1993, but he had not completed requisite days in a calendar year as per mandays chart enclosed Annexure R-1. In 1994- 95, he has completed 201 days and 1995-96 he had not completed requisite days. In 1996-97 and 1997-98, he had left the work at his own will. Again from 1998-99, he had engaged himself as labourer on daily wage basis with Range Officer, Purthi on seasonal works and again during June, 2005, he left job due to his obduracy that he wants to work only in Ajog Nursery.” 3. The learned counsel for the petitioner submits that by now the petitioner has already put in more than 17 years of daily wage service with the respondents and as such his services are liable to be regularized or in the alternative he is entitled for grant of work charged status after completion of 10 years of service in terms of the Hon’ble Apex Court judgment in Mool Raj Upadhyaya versus State of H. P. and others, 1994(2) Supplement Supreme Court Cases, 316. 4. In view of the above, the petition is disposed of with a direction to respondent No.1 to verify the facts and consider the case of the petitioner for grant of work charged status/regularization in terms of Hon’ble Apex Court Judgment in Mool Raj Upadhyaya 3 versus State of H.P. & Ors, supra within three months from the date of production of copy of this judgment by the petitioner, after affording an opportunity of being heard to him, if so desired. Needless to say that the petitioner shall be entitled for the consequential benefits, if any, as per the exercise to be taken in terms of this judgment within the same time as above, failing which interest @ 9% per annum shall also be payable. 5. In view of disposal of the main petition, pending CMP(s), if any shall also stand disposed of as infructuous Copy dasti. (V.K. Sharma) Judge 7th January, 2011. (jai)