IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2840 of 2009 Decided on : June 17, 2010 Ram Bahadur and another …Petitioners. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. M.L. Sharma, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioners are Nepali nationals. Admittedly, they have been working as daily waged labourers with the respondents, in Public Works Department. They have completed ten years service, with 240 days in each year. Not only this, they have been offered work-charge status, w.e.f. 11th December, 2002, but subject to production of eligibility certificate. They are not being issued eligibility certificate and, therefore, the offer of work-charge status has remained on papers only. 3. Prayer has been made by the petitioners for issuing direction to the respondents to give them work- charge status, without production of eligibility certificate and to pay all the monetary benefits, w.e.f. 11th December, 2002. Whether reporters of the local papers may be allowed to see the judgment? …2… 4. Respondents do not deny that the petitioners have completed ten years service as daily wagers and they are eligible under the Scheme formulated by the State Government for work-charge status, w.e.f. 11th December, 2002. However, according to the respondents, work-charge status is being denied to the respondents, on account of their failure to produce eligibility certificate. 5. The matter is squarely covered by a decision of this court, rendered on 17th March, 2010, in Phool Maya versus State of H.P. and others, CWP(T) No.10220 of 2008 (OA No.240/2004). In that case also, stand taken by the State was that the petitioner, who had claimed work-charge status, was Nepali national and not Indian citizen and as per Rules she was not entitled to work-charge status. This Court held that the Recruitment and Promotion Rules for work- charge establishment, notified on 5th May, 1995, prescribe for only two conditions, viz ten years service as daily waged worker and working for 240 days in each calendar year. 6. In view of the abovestated position, Writ Petition is allowed and the respondents are directed to give work- charge status to the petitioners from due date, with all consequential monetary benefits. Writ petition stands disposed of. June 17, 2010(sd) ( Surjit Singh ), J