KAMAL DEEN Vs. STATE OF H P

JUDGEMENT

(1.) THE writ petition is filed with the following prayers:

(2.) IT is a case where a daily wager, who has been working since 1994, has been regularized in service and later, the regularization was withdrawn only on the ground that he has not passed Primary. In several cases, this Court has made it clear that though the Recruitment & Promotion Rules require the qualification of passing Primary for regular appointment as Beldar, the rules also contain a provision for relaxation in appropriate cases. That power of relaxation is in terms of equity and justice. A daily wager having satisfactorily worked for over 17 years as Beldar and the qualification having not been insisted at that time, it would be unreasonable, if not unfair, to insist for qualification at the time of regularization. This Court has hence directed the Government to look into the matter for invoking the power of relaxation. In view of the above consensus, the impugned order herein is quashed. The Government will consider the case of the Petitioner afresh without discriminating him.