IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 15352 of 2008. Decided on 07.07.2010. _____________________________________________________ Joginder Kumar. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. R.D. Kaundal, Advocate vice Mr. A.K. Gupta, Advocate. For the respondents : Mr. P.M. Negi, Deputy Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner claims that he was engaged as daily wage Mason in the year, 1993 and had completed 10 years continuous service with 240 days in each calendar year up to 31.12.2002 and was due for conferment of work charge status w.e.f. 1.1.2003 as per the law laid in Mool Raj Upadhyaya versus State of H.P. and others, 1994 Supplement (2) Supreme Court Cases 316 and State of Himachal Pradesh and others versus Gehar Singh, (2007) 12 SCC 43. 2. The respondents have not chosen to file any reply to the present petition. 3. Consequently, there shall be a direction to the respondents to consider the case of the petitioner for conferment of work charge status w.e.f. 1.1.2003 if he has completed 10 1 Whether the reporters of the local papers may be allowed to see the judgment? No. years’ continuous service with 240 days in each calendar year up to 31.12.2002 and if engaged before 31.12.1993. In case he was not engaged before 31.12.1993, in that eventuality, he will be considered for regularization alone on the basis of the instructions issued thereafter, after re-verifying whether the petitioner had worked for requisite number of years with 240 days in each calendar year or not. The needful shall be done within a period of ten weeks from today. The petition stands disposed of, so also the pending application(s), if any. (Rajiv Sharma) Judge July 07, 2010. (bhupender)