AMRIT LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was a Water Pump Operator, grade II (a Class III post) on daily wages prior to his regularisation in a Class iv Post. As per the Government Notification dated 11/5/1994, daily wagers who are working on Class III posts and have completed five years' service on 31/3/1993 should be regularised against the respective class III posts on terms and conditions which are specified in that Notification. The appellant, although he was working in a Class iii post has been regularised in a Class IV post contrary to this Notification.

(3.) The respondents contend that the appellant does not possess the requisite qualifications for the Class III post of Water Pump operator, Grade II. The qualification which is prescribed for the post of Water Pump operator, Grade II is either possessing an i. T. I. Certificate or being literate and having minimum experience of five years and field test. The Department has issued a letter dated 28/10/1994 and also a further certificate dated 3/3/1995 to the effect that the appellant (inter alia) possesses the prescribed qualifications and is a matriculate. In view thereof, we allow the appeals and direct that the appellant should be regularised in a Class III post as a Water Pump operator, Grade II and be paid accordingly. The same view has been taken by the Punjab and Haryana High Court in the case of puran Chand and others v. State of Haryana (C. W. P. No. 15051/95) from which Special leave Petitions were filed before this Court. This Court dismissed the Petitions by its order in Special Leave Petitions (C) Nos. 24700-24702/96 dated 19/8/1997.