CWP No. 6285 of 2010 30.6.2011 Present: Mr. A. K. Gupta, Advocate, for the petitioner. Mr. P. M. Negi, Deputy Advocate General for the respondents – State. Petitioner has prayed for the following relief:- “(i) That the respondents may be ordered to regularize the services of the petitioner as a Junior Engineer w.e.f. 1.1.2007 with all the benefits incidental thereof such as full back wages, seniority and pay fixation etc.” 2. From the impugned order dated 21.6.2010 (Annexure P-2) it is evident that petitioner has worked in the higher post (Junior Engineer) for a period of eight years prior to 31.3.2006. In view of the same, stand taken by the respondents in the very same order that the petitioner is entitled to be regularized in the lower post i.e. Surveyor is not tenable in law, more so for the reason that in somewhat similar circumstances another employee has already been accorded benefit of regularization as Receptionist (higher post) in terms of order dated 20.10.2010 (Annexure P-I/B). Undisputedly petitioner had exercised his option for regularization and promotion to the post of Surveyor under protest. This is evident from Annexure P-I/A. In this view of the matter Annexure P-2 is quashed with a direction to respondent No. 2 to consider the petitioner’s case afresh in the light of the decision rendered by this Court in Gauri Dutt vs. State of H.P., Latest HLJ 2008 (HP) 366, as also the -2- respondents own stand taken in Annexure P-I/B. Needful shall be positively done within a period of two months from the date of receipt of the certified copy of the judgment. Needless to add, petitioner shall be afforded opportunity of hearing prior to the decision of his case. 3. Petition stands disposed of, so also the pending application(s), if any. (Sanjay Karol), Judge. June 30, 2011 (PK)