JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) 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.