IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 333/2011 Decided on:24.8.2011 _____________________________________________ State of H.P. and others. …Appellants. Versus Dinesh Nandan. …Respondent. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the Appellants : Mr. Ankush Dass Sood, Addl. A.G. with Mr. J.K. Verma, Dy. A.G. For the Respondent : Nemo. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). CMP (M) No.1076/2011 Heard. In view of the averments contained in the application, duly supported by an affidavit, the same is allowed. LPA No. 333/2011 This Letters Patent Appeal is directed against the judgment dated 5.7.2010 of the learned Single Judge rendered in CWP (T) No. 9624/2008 and the order dated 29.12.2010 in Civil Review Petition No. 154/2011. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 2. Material facts necessary for the adjudication of this Letters Patent Appeal are that the respondent was engaged as Electrician Grade-I in the year 1989. He was conferred with work charge status as Electrician Grade-II on 5.12.2002. He assailed this decision of the State by filing original application before the erstwhile Himachal Pradesh Administrative Tribunal, which after its transfer to this Court was assigned CWP (T) No.9624 of 2008. The same was allowed by the learned Single Judge on 5.7.2010. The operative portion of the judgment reads thus: “13. In view of the above discussion, the petition is allowed, office order dated 5.12.2002 Annexure A-3 is quashed. The respondents No.1 to 5 are directed to give work charged status to the petitioner as Electrician Grade-I as per Mool Raj Upadhyaya (supra) on completion of 10 years service with 240 days in each calendar year after 1.9.1989 and thereafter regularize the petitioner as Electrician Grade-I in accordance with the policy of the State Government which was prevalent at the relevant time with all consequential benefits such as seniority, pay etc. and needful be done in two months from today. The petition stands disposed of with above directions. No costs.” 3. The learned Single Judge on the basis of Annexure A-2 filed with CWP (T) No. 9624/2008 has rightly come to the conclusion that the petitioner has completed ten years with 240 days in each calendar 3 year. Since he was appointed as Electrician Grade-I in the year 1989, he was required to be regularized as Electrician Grade-I. The pay scale of Electrician Grade-I and Electrician Grade-II are separate. 4. Mr. Ankush Dass Sood, learned Asstt. A.G. has vehemently argued that the petitioner has accepted the offer of work charge status as Electrician Grade-II on 5.12.2002, and thus, he was precluded from assailing this order. He has also contended that the petition was barred by delay and laches. 5. Respondent belongs to lower strata of society. The fundamental and legal rights cannot be bartered away. Petitioner had legal right to be considered for regularization as per law laid down by their Lordships of the Hon’ble Supreme Court in Mool Raj Upadhyaya versus State of Himachal Pradesh, 1994 Supp. (2) SCC 316 as Electrician Grade-I. He could seek his regularization from the day he has completed ten years continuous service with 240 days in each calendar year as per State of H.P. and others versus Gehar Singh (2007) 12 SCC 43. The learned Single Judge has correctly appreciated the entire evidence and law on the subject. 4 6. There is also no illegality in the order dated 29.12.2010 rendered in Civil Review Petition No.154/2010. Learned Single Judge has noted all the contentions raised by the appellants before him in the Civil Review Petition and has discussed the same. 7. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the Letters Patent Appeal and the same is dismissed with no order as to costs. Pending application, if any, also stands disposed of. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 24.8.2011 *awasthi*