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2011 DIGILAW 1651 (HP)

Krishna Devi v. State of H. P.

2011-03-23

KURIAN JOSEPH, V.K.AHUJA

body2011
JUDGMENT Kurian Joseph, C.J. The petitioner is aggrieved since he is not regularized in service on completion of eight years of service i.e. on 31.3.2007. Apparently, there are two reasons (i) the petitioner does not have the qualification of passing the 5th standard and (ii) as rightly pointed out by the learned Deputy Advocate General, regularization is not automatic, it would depend on the availability of the vacancy. But, according to the petitioner, regularization is not granted only on account of the fact that the petitioner has not passed the standard. In several cases, this Court has directed the Government to invoke its power of relaxation taking into consideration the fact that the post is Beldar and in which post, admittedly the incumbent has worked for long years. Therefore, this writ petition is disposed of, as follows:- There will be a direction to the first respondent to consider the case of the writ petitioner for relaxation of the qualification of passing 5th standard for regularization as Beldar. This shall be done within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner before the first respondent. Thereafter, the 3rd respondent shall take appropriate action for regularization of the petitioner in service subject to the availability of vacancy at the relevant time within another one month.