CWP No. 241 of 2008 1.4.2010 Present:- Mr. R.K.Sharma, Senior Addl. Advocate General with Mr. P.K.Sharma, Addl. A.G. and Mrs. Shubh Mahajan, DAG for the petitioners. None for the respondents. The respondents No. 2 to 4 have been served but nobody appeared on their behalf on 9.5.2008 when the case was taken up by the Deputy Registrar (Judicial). The respondent No.1 has also been served on 31.7.2008, but nobody appeared on his behalf. The State has challenged the order of the Tribunal dated 30.8.2007 granting work charged status to the respondents. According to the mandays chart, Sadhu Ram started discharging duties as Pump Operator w.e.f. 21.3.1988, Amar Nath w.e.f. 21.12.1988, Bhag Singh w.e.f. 21.2.1990 and Lal Deen w.e.f. 21.1.1990. Learned Senior Additional Advocate General has submitted that the case is squarely covered by the judgment of this Court in Gauri Dutt and Ors. Vs. State of H.P. Latest H.L.J. 2008(1) 366, where an option had to be given to the employee to exercise his option w.e.f. the date when he/they completed the requisite mandays and years against the post which is more advantageous to him/them. In this case, the worked charged has been given against the post of Pump Operator which is higher in hierarchy. We accordingly modify the order of the Tribunal and hold that the respondents shall be entitled to work-charged status as Pump Operator from the date when they completed the requisite number of - 2 - mandays and years of service against the post and not from 1.1.1994 and 1.1.1996 as directed. However, it will be open to the respondents to exercise their option for grant of work charged status against any other post, if they so desire. For this purpose, they may approach the petitioners / State. The writ petition is disposed of accordingly. All pending applications are disposed of and interim orders stand vacated. No order as to costs. ( Dev Darshan Sud ) Judge. April 1, 2010. (Kuldip Singh), (GR) Judge.