ORDER : Multiple prayers have been made in the writ-petition. The main prayer is for a direction upon the respondent-State to consider regularization of petitioners' service in terms of the Rules notified under Resolution dated 13.02.2015. This writ-petition has been heard alongwith other two writ-petitions listed today. 2. Heard. 3. Petitioner nos.1 and 4 were appointed on the post of Forest Guard. Petitioner nos.5, 6 and 7 as Driver and petitioner nos.2 and 3 were appointed as Bungalow Choukidar and Night Guard, respectively. Petitioner nos.8 and 9 were appointed as Check-post Guards and petitioner no.10 was appointed as a Gardener. These petitioners were appointed between the period 1982 to 10.12.2009. The petitioner no.11 was appointed on temporary basis as a class-IV employee. He claims that he is a Matriculate and he belongs to OBC category. Other petitioners are also reserved category candidates. In the counter-affidavit, the respondent-State has taken a stand that these petitioners were not working against the sanctioned posts. It is pleaded that they are engaged as daily-wagers who rendered assistance to the technically proficient forest staff in patrolling the forest and in other related seasonal forestry work. 4. Before prayer for regularization in terms of the Regularization Rules is considered, it needs to be recorded that petitioner nos. 6 to 9, who were appointed between 2007 to 2011 would not complete the requisite 10 years of the continuous service. Writ-petition on their behalf is dismissed. 5. During the pendency of the writ-petition, the petitioner no.4 has died, thus, the writ-petition on his behalf stands abated. 6. The learned counsel for the petitioner contends that petitioner nos.1 to 3, 5, 10 and 11 who have been working continuously for more than 10 years are entitled for regularization in terms of 2015 Regularization Rules. 7. Referring to the order passed in W.P.(S) No.4323 of 2007, the learned counsel for the petitioners has contended that these petitioners deserve preference in regularization. In W.P.(S) No.4323 of 2007, which was preferred by petitioner nos.1,2 and 3, this Court has passed the following order:- “6. I hereby direct the State of Jharkhand and its officers including the concerned Divisional Forest Officers to give preference to daily wagers like the writ petitioners over outsiders as and when Class-IV posts including the post of Forest Guards are filled up in near future and to give them age relaxation, if they are found over-age. I hereby direct the State of Jharkhand and its officers including the concerned Divisional Forest Officers to give preference to daily wagers like the writ petitioners over outsiders as and when Class-IV posts including the post of Forest Guards are filled up in near future and to give them age relaxation, if they are found over-age. However, this direction will be limited to only those daily wage workmen/employees who are still working as on date of filing of the writ petition under the State Government and not to those who have already been retrenched/not in service as on date of filing of the writ petition dated 2nd August, 2007.” 8. The respondents in their counter-affidavit have pleaded that in the last 34 years regular recruitment exercise was not undertaken. Most of the Forest Guards recruited in the year 1981 or before that, have already retired and this has caused large number of vacancies in the Department. It is an admitted position that there are more than 3,000 posts vacant in the Department. Under the Jharkhand State Forest Sub-ordinate Services Rules, 2014 qualification for direct recruitment of Forest-Guard is provided under Rule 6. For direct recruitment, a candidate must possess Intermediate or equivalent educational qualification. The Rule also provides minimum physical standard for appointment to the post of Forest-Guard. In the counter-affidavit, the respondent-State has pleaded that the post of Forest Guard is technical in nature and certain minimum physical and medical fitness must be acquired by a candidate to meet the munti-dimensional job requirements. It needs to be clarified that if 2015 Rules do not contemplate a physical test, these conditions cannot be imposed at the time of regularization. The petitioner and other similarly situated candidates who were probably appointed on daily-wages about 20 years back are discharging their duty and it is not pleaded that they are not physically fit to discharge their duty. Unfairness on the part of the respondent-State writ large when one reads the stand taken by the State in paragraph no.16 of the counter-affidavit. It is pleaded that the petitioners do not fulfill the job requirements and essential eligibility criteria under the Jharkhand State Forest Sub-ordinate Service Rules, 2014. If not shocking, it is really surprising how a plea de-hors the Regularization Rules has been taken by the State. There is no such stipulation provided in the Regularization Rules. It is pleaded that the petitioners do not fulfill the job requirements and essential eligibility criteria under the Jharkhand State Forest Sub-ordinate Service Rules, 2014. If not shocking, it is really surprising how a plea de-hors the Regularization Rules has been taken by the State. There is no such stipulation provided in the Regularization Rules. If a condition which is different from the condition for appointment at the time when these petitioners were appointed, is insisted the whole object of Regularization would be frustrated. 9. Insofar as, grant of age relaxation is concerned, the prayer made is misconceived. If a candidate at the time of his initial engagement was within the maximum age limit, he cannot be denied regularization on the ground that at the time of regularization he has crossed the maximum age limit. 10. Plea taken by the State that the petitioners are not working on sanctioned posts has been rejected by this Court in W.P.(S) No.466 of 2015. Directions issued vide Order dated 20.01.2017 in W.P.(S) no.466 of 2015 shall govern this writ-petition also. 11. The writ-petition stands allowed, in the aforesaid terms.