IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11255/2011-F Decided on:21.12.2011 ___________________________________________________ Sh. Man Singh son of Sh. Rujgari resident of village Chhanjoti, Post Office Basodhan, Tehsil and District Chamba, H.P. …Petitioner. Versus 1. State of H.P. through Secretary (PWD) to the Government of H.P., Shimla-2 2. The Engineer-in-Chief, Himachal Pradesh, P.W.D. Shimla. 3. The Superintending Engineer, 7th Circle, H.P.P.W.D. Dalhousie, District Chamba, H.P. 4. The Executive Engineer, H.P.P.W.D. Division Chamba, District Chamba. 5. The Assistant Engineer, H.P.P.W.D. Sub-Division No.II, Chamba, District Chamba. …Respondents. Civil Writ Petition under Article 226 of the Constitution of India. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Arush Matlotia, Advocate. For the Respondents: Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Petitioner was engaged as daily wage Beldar with effect from 1.11.1996. He discharged the duties till 31.3.1999. Thereafter, the petitioner was engaged as Mason with effect from 1.4.1999 to 1 Whether reporters of the local papers may be allowed to see the judgment? 2 4.10.2007. However, the fact of the matter is that he has been regularized as Beldar, vide Annexure P-2 dated 29.9.2007 instead of Mason. Case of the petitioner, in a nutshell, is that he has worked on the higher post of Mason for a period of 8 years 6 months and 4 days. Thus, in these circumstances, he ought to have been regularized on the higher post of Mason and not Beldar since he has put in 8 years of continuous service with 240 days in each calendar year. 2. Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner for appointment as Mason taking into consideration Annexure P-1 and the principle laid down by this Court in Gauri Dutt and others versus State of H.P. reported in Latest HLJ 2008 (HP) 366, within a period of two months after the production of certified copy of this judgment by the petitioner. Pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 21.12.2011*awasthi*