JUDGMENT Vivek Singh Thakur, J. - Petitioners have approached this Court for their induction on completion of 12 years of service as Water Guards (Jal Rakshaks) with three years experience of working with Pump Motors and Electrical accessories against the post of Pump Attendants on contractual basis, like other Water Guards, after striking down condition of educational qualification imposed by respondents for their such induction in erstwhile Department of Irrigation and Public Health now Jal Shakti Vibhag (JSV). 2. Undisputed facts in present case are that petitioners have been permitted to be appointed by concerned Gram Panchayats in the process of transfer of Rural Drinking Water Supply Scheme (RWSSs) after complying due process for operation and maintenance of water supply schemes below the storage tanks. Appointment of petitioners was made on the basis of recommendations of Selection Committee constituted by the Government after adopting a selection process based on interview and other parameters as per guidelines of transfer of operation and maintenance of Rural Water Supply Scheme to Panchyati Raj Institutions (PRIs). Vide notification/communication dated 17th July, 2019, (Annexure R-1) respondents-State has framed a policy to deploy and appoint Water Guards appointed under Assured Rural Water Supply Scheme (ARWSP) now National Rural Drinking Programme (NRDWP) against vacant posts of Pump Attendants in accordance with provisions contained in Recruitment and Promotion Rules (R&P Rules) of Pump Attendants, purely on contract basis in erstwhile Irrigation and Public Health Department now Jal Shakti Vibhag. 3. During pendency of present Writ Petition, a communication dated 19.6.2020 was sent by Engineer-in-Chief JSV to Secretary JSV to the Government of Himachal Pradesh, stating therein that 1376 posts of various categories had been converted into posts of Pump Attendants and 945 Jal Rakshaks (Water Guards), fulfilling criteria of Recruitment and Promotion Rules with 12 years complete service, had been appointed as Pump Attendants Class-IV on contract basis, whereas 431 posts were lying vacant and further that 463 Jal Rakshaks, who had completed 12 years service as on 31.12.2018, but not fulfilling the educational qualification criteria prescribed in Recruitment and Promotion Rules, could not be appointed in the category of Pump Attendants Class-IV and, therefore, in this communication, necessary direction/approval of the Government for one time relaxation in Recruitment and Promotion Rules to appoint/induct aforesaid Jal Rakshaks as Pump Attendants on contract basis, was sought. 4. 4. For the aforesaid communication dated 19.6.2020, vide order dated 31.3.2020, Secretary JSV to the Government of Himachal Pradesh was directed to impart instructions with regard to stand of the Government regarding aforesaid recommendation/request made by department for relaxation in Recruitment and Promotion Rules. In response thereto learned Deputy Advocate General has placed on record instructions dated 2.6.2021 received from the office of Secretary (JSV), stating therein that matter has been examined in consultation with Personnel/Finance Departments and both Departments have expressed inability to concur with the proposal of the Administrative Department and, therefore, Government has decided to reject the said proposal and has rejected the same. 5. Learned counsel for the petitioners has submitted that petitioners and other similarly situated persons are serving as Water Guards since more than 12 years and are having sufficient experience of working with Pump Motor and Electrical accessories and, therefore, for their conversion to the establishment of JSV as contract Pump Attendant, minimum educational qualification prescribed in Recruitment and Promotion Rules is not applicable to them. According to him, educational qualification is to be taken into consideration at the time of initial appointment, but not on conversion of service of employees like petitioners, who are performing the similar job since last more than 12 years and are having sufficient experience to hold the post irrespective of their educational qualification. To substantiate his plea, reliance has been placed on a judgment of the Supreme Court in Bhagwati Prasad Vs. Delhi State Mineral Development Corporation, (1990) AIR SC 371. 6. Learned Deputy Advocate General has refuted the contention raised on behalf of petitioners by submitting that petitioners are employees of Gram Panchayats, but not the employees of Department and, therefore, it is not a case where the employees of the same Department are to be absorbed against the posts in the same Department and, therefore, judgment in Bhagwati Prasad's case is not applicable in present case. He has further submitted that in absence of approval of relaxation by the Government in the condition of minimum educational qualification, appointment/conversion of petitioners and other similar Water Guards is not permissible under law. Relying upon Rule 7 of Recruitment and Promotion Rules, he submits that unless a candidate possess essential qualification, he cannot be appointed/engaged as a Water Guard by Jal Shakti Vibhag and thus he has pleaded for dismissal of petition. 7. Relying upon Rule 7 of Recruitment and Promotion Rules, he submits that unless a candidate possess essential qualification, he cannot be appointed/engaged as a Water Guard by Jal Shakti Vibhag and thus he has pleaded for dismissal of petition. 7. On perusal of documents filed by petitioners as well as respondents, it is apparent that vide communication No. IPH-A-A(3)4/2018, dated 17.7.2019 (Annexure R-1), the Government had conveyed its approval for conversion of 1026, Class-IV posts of various categories into Pump Attendants and had decided to appoint Water Guards deployed under ARWSP now NRDWP against vacant posts of Pump Attendants in accordance with provisions of Recruitment and Promotion Rules of Pump Attendants. Vide communication No. IPH-A- A(3)4/2018-loose, dated 1.10.2019, it was communicated by the Government of Himachal Pradesh to the Department that period of working below storage tanks or managing water supply schemes thereof by the Water Guards, engaged for operation and maintenance of water supply schemes, may be treated as work experience to hold them eligible for having requisite experience to fulfill the eligibility criteria as provided under Recruitment and Promotion Rules for the post of Pump Attendants. 8. Respondents have also placed on record Himachal Pradesh, Irrigation & Public Health Department, Pump Attendant, Class-IV (Non Gazetted) Recruitment and Promotion Rules, 2017, as existing on date after amendment carried therein vide notification dated 5.8.2019. Rules relevant for adjudication of present petition are as under:- " 7 Minimum Educational and other qualifications required for direct recruit(s): a) Essential Qualification(s):- i) Should be Middle pass or its equivalent from a Institute/School duly recognized by the Government. b) Desirable Qualification(s) Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh. 8-9 .... .... 10 Method(s) of recruitment whether by direct recruitment or by promotion/secondment/ transfer and percentage of post(s) to be filled in by various methods: 100% by direct recruitment on regular basis or by recruitment on contract basis/by transfer from amongst Beldar who possess 5 years experience of working with Pump Motors and Electrical accessories strictly on the basis of seniority/induction from Water Guards after completion of 12 years of service with 5 years experience of working with Pump, Motors and Electrical accessories. 11 In case of recruitment by promotion/secondment/ transfer, grade(s) from which promotion/ secondment/transfer is to be made: "By Transfer from amongst the Beldar who possess 5 years experience of working with pump house and electrical accessories strictly on the basis of seniority. 12-14 ... ... 15 Selection for appointment to the post by direct recruitment: Selection for appointment to the post in the case of direct recruitment shall be made on the basis of merit of written examination followed by evaluation as specified in APPENDIX-I appended to these rules. 15-A Selection for appointment to the post by contract appointment: Notwithstanding anything contained in these rules, contract appointment to the post will be made subject to the terms and conditions given below: ... 9. Rule 7 provides essential minimum qualification of Middle standard or its equivalent for direct recruit(s). Rule 10 provides that recruitment shall be 100% by 'direct recruitment' on regular basis or by recruitment on contract basis, but at the same time it also provides recruitment by way of 'transfer' from amongst Beldars with requisite experience prescribed in the rules and also 'induction' from Water Guards with experience prescribed in the rules. Rule 11 clearly indicates appointment by 'transfer' from amongst Beldars, as provided under Rule 10, is a case of recruitment by 'transfer' which is not covered under 'direct recruitment'. Rule 15 also provides that appointment to the post in case of direct recruitment shall be made on the basis of merit of written examination followed by evaluation as specified in the Appendix to these rules. Rule 15-A provides process to be adopted for appointment to the post of contract appointment. 10. Rule 10 provides three modes of recruitment to the post of Pump Attendant. First is 'direct recruitment', either on regular basis or on contract basis. Second is by 'transfer' from amongst Beldars and third is 'induction' from Water Guards. As provided in Rule 10, the appointment or engagement or conversion of Water Guards as Pump Attendants, either on regular basis or on contract basis, cannot be termed as direct recruitment. 'Direct recruitment' means an appointment made from the open market otherwise than either by promotion during the service or by transfer of an official already in service of Department of Government. 11. Beldars are already working with the Department. 'Direct recruitment' means an appointment made from the open market otherwise than either by promotion during the service or by transfer of an official already in service of Department of Government. 11. Beldars are already working with the Department. Water Guards, though have been engaged by Panchyati Raj institutions, but under the scheme framed and implemented by the Government by adopting a process, wherein Assistant Engineer of the Department was the Chairman to the Selection Committee having, in addition to him, two members i.e. Panchayat Pradhan and Junior Engineer of the Department. The process of engagement was notified by the Government and funds for payment of emoluments for Water Guards have also been provided by the Department. Therefore, Water Guards, if not strictly employees of the Department, but can definitely be termed as quasi Government servants. Taking care of Water Guards, adopting policy for their recruitment as Pump Attendants and considering services rendered by them with the Panchyats as sufficient for experience required for Pump Attendants, definitely establishes that Water Guards are also at least quasi Government servants. Therefore, neither transfer from amongst Beldars nor induction of Water Guards can be termed as a direct recruitment to the post of Pump Attendant and it is also apparent from Rule 11 where appointment of Beldar to the post of Pump Attendant by transfer has not been considered as a direct recruitment, but appointment by way of transfer. 12. Rule 15 provides that direct recruitment shall be made on the basis of merit of written examination. But no such term has been prescribed for appointment by way of 'transfer' or 'induction'. Thus a condition applicable under Rule 15 for direct recruitment is not applicable for appointment by way of transfer or induction. Similarly condition of minimum educational qualification is applicable only to the 'direct recruits'. As discussed supra, induction from Water Guards, at no stretch of imagination, can be considered as a direct recruitment and, therefore, contrary to decision of the Government minimum educational qualification prescribed in Rule 7 for direct recruits is not applicable to the Water Guards to be inducted against the post of Pump Attendants. As discussed supra, induction from Water Guards, at no stretch of imagination, can be considered as a direct recruitment and, therefore, contrary to decision of the Government minimum educational qualification prescribed in Rule 7 for direct recruits is not applicable to the Water Guards to be inducted against the post of Pump Attendants. Accordingly, no relaxation of minimum educational qualification in case of Water Guards or Beldars is required for appointing/engaging them against the post of Pump Attendants, either on regular or on contract basis, in Jal Shakti Vibhag in pursuance to the provisions of Rule 10 of Recruitment and Promotion Rules. 13. In Rule 10, clause of direct recruitment on regular basis or on contract basis is separate to other clauses, whereby recruitment of Pump Attendants has been provided by transfer and/or induction. This Rule does not say direct recruitment from amongst Beldars or from Water Guards. The recruitment source from amongst Beldars has been provided by way of transfer, whereas recruitment source of Water Guards has been provided through induction. Three different words, 'direct recruitment', 'transfer' and 'induction' have been used in Recruitment and Promotion Rules. These are three different modes dealing with three different sources of recruitment. The condition applicable to mode of direct recruitment cannot be made applicable to other two modes i.e. by transfer or induction, unless specifically provided under the Rules. 14. Denial of appointment/engagement of Water Guards not having passed Middle standard examination, refusal of one time relaxation sought by the Department for their recruitment as Pump Attendants and expression of inability of Departments of Personnel and Finance to concur the proposal of relaxation are based on misconceived notion that condition of minimum educational qualification is also applicable to the persons who are to be appointed/inducted as Pump Attendants under the Recruitment and Promotion Rules. The said minimum educational qualification is applicable only for direct recruits and omissions and commissions on the part of respondents denying appointment to the petitioners and other similarly situated Water Guards to the posts of Pump Attendants are definitely arbitrary, irrational, unreasonable and violative of Constitutional mandate. 15. Petitioners and other similarly situated persons have been wrongly denied their legal, just and valid right. 15. Petitioners and other similarly situated persons have been wrongly denied their legal, just and valid right. Therefore, they are entitled to be engaged from the date from which their counter parts or juniors have been recruited, on same terms and conditions with retrospective effect along with all consequential benefits including seniority and monetary benefits, as they have been wrongly denied their right. 16. For aforesaid discussion, it is evident that it is not a case where minimum education qualification is applicable to the petitioners, however, in any case, had minimum educational qualification been applicable to the petitioners, then also in the facts and circumstances of present case, in view of pronouncement of the Supreme Court in Bhagwati Prasad's case, petitioners would have entitled for their appointment to the post of Pump Attendants like other Water Guards, as the Government itself has arrived at conclusion that keeping in view the nature of work performed by Water Guards, their period of working has to be treated as work experience to hold them eligible for having requisite experience to fulfill the eligibility criteria as provided under Recruitment and Promotion Rules, for the posts of Pump Attendant. 17. For aforesaid conclusion, respondents are directed to engage petitioners as Pump Attendants from retrospective dates i.e. the dates from which their counterparts/juniors have been engaged as Pump Attendants and to extend all consequential benefits including seniority and monetary benefits on or before 31st July, 2021. Payments of arrears of emoluments shall be ensured on or before 31st August, 2021. 18. The petition stands disposed of in aforesaid terms.