IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1252 of 2009 Date of decision: 27.09.2011 Kumari Shashi Kala …. Petitioner Versus State of H.P. and others ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. K.B. Khajuria, Advocate. For the respondents: Mr. J.S. Guleria, Assistant Advocate General, for respondent No. 1. Mr. Sanjeev Sharma, Advocate, for respondents No. 2 and 3. V.K. Ahuja, J. (Oral): The petitioner was initially appointed as daily waged worker (Peon) on 19.9.1992. Thereafter she has alleged that she worked as Clerk on daily wage basis with effect from 4.3.1994, though the certificate attached is only to this effect that she was working as a Clerk. 2. According to the reply filed by respondents No. 2 and 3, the petitioner has been working as daily paid Clerk from 1.12.1997 onwards. The petitioner completed period of eight years service as daily waged Clerk on 1.12.2005. Accordingly, respondents No. 2 and 3 have submitted that as on cut off date i.e. 31.3.2004, she has not completed eight years service as daily waged Clerk. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 3. Learned counsel for the petitioner has submitted that as per dictum of law in Gauri Dutt & Ors. Vs. State of H.P., Latest HLJ 2008 (HP) 366, the petitioner is entitled to be regularized as Clerk on completion of eight years service. Representation Annexure P-7 has already been filed by the petitioner. A fresh representation giving particulars and citation of case law etc. shall be filed by the petitioner within a period of two weeks from today and respondents No. 2 and 3 shall consider the question as to whether the case of the petitioner is covered by the decision of Gauri Dutt’s case and if so, the benefit accordingly shall be accorded in her favour for regularization from the date she was entitled as per the judgment. The said representation shall be decided by respondents No. 2 and 3 within a period of two months from the date of receipt of the representation. 4. In view of the above terms, the petition stands disposed of, so also the pending miscellaneous application(s), if any. ( V.K. Ahuja ), September 27, 2011 Judge (BSS)