ORDER 1 .Application allowed. Delay condoned. Reply be taken on record. M.A. stands disposed of. 2. In brief the case of the applicant is that he was engaged as daily wages Beldar in the February 1986 was thereafter promoted as Works Inspector in January, 1994 and the applicant has completed 10 years of service as per the Mool Raj Upadhaya vs. State of HP. with 240 days in each calendar year and the services of the applicant are liable to be brought on the work charged establishment. From the date he has completed the required period in terms of Mool Raj Upadhaya vs. State of H.P. 3. As per Annexure-R/1 it is also in dispute that the applicant has completed 10 years continuous service with 240 days in each calendar year with the passage of time. 4. The learned Additional Advocate General has argued that the Govt. of HP. has formulated a fresh policy and the respondents have to follow the same. 5. It is pertinent to mention here that the case which are covered by the judgment of the Honble Apex Court in Mool Raj Upadhayas case cannot be governed by a policy which have been subsequently framed by the State Govt. Moreover, when such policy does not carry the approval of Honble Apex Court and deprive the applicant of such benefits which have been accrued to the applicant by virtue of the judgment of Mool Raj Upadhayas case. The policy framed by the Govt. of H.P. cannot have the effect of over riding the judgment in Mool Raj Upadhayas case. 6. The applicant in this Original Application is therefore, entitled to the status of work charged employee from the date he completes the requisite terms of service as daily wager. 7. In view of this position respondents are directed to give work charged status to the applicant from the date he has completed 10 years of service with 240 days in each calendar year within a period of six months from the date of this order. The arrear as payable to the applicant by virtue of giving him the work charges status is to be paid to him within three months from the date of granting him work charged status. 8. Original Application stands finally disposed of with no order as to costs.