IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No. 12505 of 2008 Decided on : 06.04.2011 Jiwan Prakash ..… Petitioner. Versus The State of Himachal Pradesh and others .. Respondents Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : None, though served. For the Respondents : Mr. Anil Jaswal, Dy. Advocate General. V.K.Sharma, Judge (oral). The petition has been filed on the following prayer:- “That the respondents may kindly be directed to appoint the applicant against a work charged post of Chowkidar that too w.e.f. the month of July, 2000 when the applicant completed the period of 10 years daily wages service with minimum 240 days in each calendar year, in Mool Raj Upadhaya’s case.” 2. In reply, the respondents have taken the following stand vide para 3 of the preliminary submissions:- 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 “That service of the applicant has been regularized as per the latest policy subject to the availability of the vacancy. It is wrong on the part of the applicant to allege that there is no promotional channel available to the beldar in the department where as the chowkidar have the opportunity for making progress byway of promotion. But the fact is that category of beldar is feeding category for the promotion to the post of fitter and work inspector (Class-III). As per R&P rules 10% posts of fitter grade-II (Class-III) are filled from the work charged beldar and 25% posts of work inspector (Class-III) are filled from the category of work charged beldar. And the work charged chowkidar are only eligible for the promotion to the post of peon (Class-IV) as such present OA may kindly be dismissed.” 3. In view of the above reply, in case the petitioner still has any surviving grievance, he shall be free to make a detailed representation supported by documents, if any, along with copy of this judgment to respondents/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next three months in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. 4. The petition, as also pending CMP(s), if any, stand disposed of. (V.K. Sharma) Judge 6th April, 2011( Lsp)