JUDGMENT 1. - The instant writ petition filed by petitioners Mohd. Sabir, Mohd. Safi and Babulal inter-alia reveals that they are working on the post of Plumber, Pump Driver and Electrician respectively for last many years with the respondent-department. In the year 1992 a policy decision was taken by the Director of Agriculture Marketing to regularise those employees on their respective posts, who have put in 5 years service or more. In compliance thereof, all three petitioners were absorbed and regularised on 8.9.1992 on their respective posts and were given the grade. But later on, all three petitioners were reverted on 21.9.1992 to the lower grade because of non- fulfillment of minimum educational qualification required for the post. It has also been stated that the respondent-department has given this benefit of regularisation to all those employees of the department, but the petitioners have been reverted to lower grade because of non-fulfillment of minimum educational qualification required for the post. So they have requested to quash the order dated 21.9.1992 by which they were reverted back to the lower grade of Class IV employee. 2. The respondent No. 1 in its reply submitted that the services of the Lower Divisional Clerk, Driver and Class IV employees were regularised after getting the approval of Deputy Secretary, Agriculture Department, Jaipur (Raj.) and in compliance thereof the Secretary of Agriculture Upaj Mandi Samiti passed an order dated 8.9.1992 giving the petitioners the grade of technical posts of plumber, Pump Driver and Electrician, but on 21.9.1992 a corrigendum was issued by the Director of the department for reverting the petitioners to lower grade because of non-fulfillment of minimum educational qualification required for the post. The petitioners are Class IV employees and are not entitled for the higher grade. The order is passed in accordance with law and rules. 3. The respondent No. 2 in its reply specifically mentioned that the petitioners are working on the post of Class IV employees though they are discharging different kinds of duty and because of non-fulfillment of minimum education qualification required for the post, they were reverted back to the lower grade to which they were initially appointed. The petitioners were never regularised on the post and have not been given the pay-scale for which they are claiming as they do not fulfill the requisite qualification required for the technical post. The petitioners were never regularised on the post and have not been given the pay-scale for which they are claiming as they do not fulfill the requisite qualification required for the technical post. Hence, they cannot be regularised on the posts shown against their name. No sanctioned post of Plumber is available with the answering respondent, thus, in absence of sanctioned post no regularisation on the said post can be ordered.Heard learned counsel for the parties. 4. Learned counsel for the petitioner relied on the office orders (Annexure-1 to Annexure-4) issued by the respondents and pleaded that the Directorate of the respondent-department ordered to regularise all those employees, who are working on the post for last 5 years or more, but no relaxation can be given in the educational qualification. On the basis of order of the Directorate the Secretary of the respondent-department issued an order on 8.9.1992 for regularising all these three petitioners on the posts as claimed by them, but later on, a corrigendum was issued on 21.9.1992 that since all these petitioners do not fulfill the minimum qualification required for the post shown against their name, they cannot be regularised and were reverted to the lower grade. These orders clearly show that the petitioners were reverted back not because of non-availability of the post but because of non fulfillment of minimum educational qualification required for the post. Right from joining as class IV employees in the department, petitioners are working satisfactorily as Plumber, Pump Driver and Electrician and this is clearly borne out from the order issued by the respondent-department. 5. Learned counsel for the petitioner has also submitted an order of the year 2001 in which the work distribution was done by the Secretary and all these three petitioners have shown as having the post of Plumber, Pump Driver and Electrician and were given the same job to be performed by them in the department. Since all these petitioners are working on the posts shown against their name, at this juncture, it is not with the respondent to revert them with the lower grade. 6. Since all these petitioners are working on the posts shown against their name, at this juncture, it is not with the respondent to revert them with the lower grade. 6. Per-contra, learned counsel for the respondent pleaded that the petitioners are not entitled to any relief because they are simply Class IV employees of the department and no posts as it exists today on which they can be regularised as per Schedule-A of the Rajasthan Agriculture Produce Markets (Market Committee Employees) Service Rules, 1975 (for short `the Rules of 1975' hereinafter). The posts are specified in the Schedule and no such post is available in the department. Hence, they cannot be regularised on the post claimed by the learned courts. They are simply Class IV employees, of course, they are performed different job but they are entitled to the pay-scale and post of Class IV employees. 7. As per orders (Annexure-1 to Annexure-4) issued by the respondent, it is borne out that the petitioners are working on the post of Plumber, Pump Driver and Electrician since very long time and they were regularised on the said post vide order Annex-2. But the corrigendum Annexure-3 they were reverted back to the lower grade not because of non-availability of the post shown against their name, but because of non-fulfillment of minimum educational qualification required for the post. Learned counsel for the petitioner submitted an office order dated 16.7.1987, in which it is specifically mentioned that the post of Electrician and Pump Driver have been created and sanctioned posts and as per Annexure-4 to create a post of Plumber, they have moved a recommendation for creation of the post before the State Government. In consonance with this order, it is found that the post of Electrician and Pump Driver have been created in the department and for Plumber recommendation to create the same has been moved. By order Annexure-3 it is clear that the post of Plumber, Pump Driver and Electrician are available in the department and the order goes to show that the petitioners are reverted to lower grade because of non-fulfillment of minimum educational qualification. By order Annexure-3 it is clear that the post of Plumber, Pump Driver and Electrician are available in the department and the order goes to show that the petitioners are reverted to lower grade because of non-fulfillment of minimum educational qualification. From this order, it is borne out that the posts are available in the department and on the same posts, the petitioners are still working as per order of the year 2001 by which they have been allowed to perform on the post of Plumber, Pump Driver and Electrician. The posts held by them against their name is mentioned as Mohd. Sabir-Plumber, Mohd. Safi-Pump Driver and Babulal-Electrician. It means that they are working on the said posts for pretty long time and have been reverted back to the lower grade not because of non-availability of the post, but because of non-fulfillment of minimum educational qualification required for the post. 8. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme court as well as of this High Court in Bhagwati Prasad v. Delhi State Mineral Development Corporation, reported in AIR 1990 SC 371 ; Gujarat Agricultural University v. Rathod Labhu Bechar & Ors., reported in AIR 2001 SC 706 and Rajendra Singh Rao v. State of Rajasthan & Ors., D.B. Civil Special No. 649 of 1999 and pleaded that on the basis of the cited judgment, the petitioners are entitled for relief claimed by them. According to the petitioner,, once the appointment is made and they are allowed to work for a considerable length of time, thereafter, they cannot be denied the confirmation on the respective posts on the ground that they lack the prescribed educational qualification. It is admitted that till date the petitioners are working on the post shown against their name and are performing the job satisfactorily. 9. The judgment cited by the petitioners clearly reveals that once the appointment were made and employees are allowed to work for a considerable length of time, it would be hard and harsh to deny them the confirmation in the respective posts on the ground that they lack the prescribed educational qualifications. The petitioners are working without complaint on the aforesaid post for very long number of years and still they are being given the same job to be performed by them. The petitioners are working without complaint on the aforesaid post for very long number of years and still they are being given the same job to be performed by them. This will allow them to have relaxation for the minimum educational qualification required for the post. There is no justification for reverting them to the lower grade after putting in almost 15 years or gained sufficient experience of the job to be performed by them, if this is the situation then they cannot be allowed to revert back to the post of Class IV employee. The present case is squarely covered by the judgment cited by the learned counsel for the petitioners and they are entitled for relief claimed. 10. As a consequent to the discussion above, the writ petition filed by the petitioners deserves to be accepted and same is, therefore, allowed. The impugned order dated 21.9.1992 is quashed. The petitioners Mohd. Sabir, Mohd. Safi and Babulal are entitled to be regularised on the posts of Plumber, Pump Driver and Electrician respectively since 8.9.1992 with the grade of said posts. There shall be no order as to costs.Writ Petition allowed. *******