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2015 DIGILAW 201 (HP)

Hari Ram v. State of Himachal Pradesh

2015-03-18

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. The writ petitioner has entered in the second round of litigation by the medium of this writ petition due to the inaction of the respondents. 2. The writ petitioner had filed CWP No. 2494 of 2010 before this Court seeking regularization of his services, which was disposed of vide order, dated 28.05.2010, by a Division Bench of this Court with a direction to the respondents to examine the case of the writ petitioner. The respondents have examined his case, but have not redressed his grievances, constraining him to file the present writ petition. 3. Respondent No. 2 has filed reply. It is apt to reproduce para 4 of the said reply herein: "4. That the petitioner was to be considered for regularization as Peon- Cum-Chowkidar as per the said policy in accordance with the provisions of the Recruitment and Promotion Rules for the post of Peon-cum-Chowkidar against the sanctioned post. Notwithstanding the fact that though the petitioner is senior most amongst similar situate persons, but has not acquired the essential education qualification as middle pass, hence, he is not covered under the R & P Rules for the purpose of regularization. Therefore, daily waged services of the petitioner can not be regularized unless, either he improves and possesses the essential qualification as 8th standard or relaxation in rules, is granted by the competent Authority of the State Government so as to meet the requirement of the R & P Rules for the purpose of regularization." 4. In the given circumstances, I deem it proper to dispose of this writ petition with a direction to respondent No. 1 to consider the case of the writ petitioner for relaxation in educational qualification in terms of the Rules occupying the field with a further direction to respondents No. 2 and 3 to regularize his services as per the Rules occupying the field. The entire process be completed within twelve weeks. 5. The writ petition is disposed of accordingly, along- with all pending applications, if any.