Bimla Devi vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner was appointed as Beldar on daily wage basis in the year 1997. In February, 2010, she was regularized in service as Beldar. After seven months, the Respondents sought to withdraw the regularization of the Petitioner on the ground that she has not passed Primary. At the time of engagement as daily waged Beldar, thereafter having continued for few years as Beldar and having found that there was a vacancy available to regularize the Petitioner, she was regularized in service. No doubt, Recruitment and Promotion Rules provide for pass in Primary for the post of Beldar. But, the Rules also contain a provision for relaxation. Power to relax the rigor of rule is intended to do equity and justice in an appropriate case. In several cases, this Court has directed the Government to consider the invocation of such power to relax, as far as the regularization of Beldar is concerned. The Court has also observed that ultimately what is required is only a bare level of literacy and as far as the post of Beldar is concerned, the pass in Primary is not so material.

In view of above circumstances, the impugned order is quashed with a direction to the Government to consider the case of the Petitioner for relaxation in the matter of qualification of pass in Primary for continuing as a regularized Beldar.

The petition stands disposed of, so also the pending application(s), if any.