Sirmour Singh vs State of H.P. and Others

Kurian Joseph, C.J.—In these cases the petitioners are aggrieved since the order of regularizing them in service has been withdrawn on the ground that the petitioners have not passed the 5th standard. The petitioners have been engaged as daily waged workmen ever since 1997. On completion of the required number of years and on availability of vacancies, they have been regularized as regular workmen. True they do not possess the qualification in terms of the qualification as is prescribed in the R and P Rules, but the fact remains that they have been continuing as daily waged workmen and are doing the same job. The question of qualification was examined only when they were regularized in service. Whether in the peculiar facts and circumstances of the case where the petitioners having been in service for more than a decade, whether it is necessary now to insist on the qualification and that too for an unskilled workman, is a matter for the Government to consider. The Government is well within its power to invoke their power to relax the Rules in terms of Rule 16 of the Recruitment and Promotion Rules for the post of work charge Beldar. That power is meant to be invoked for equity and justice in situations of the present nature. We have been informed that this Court has already directed the Government to look into the matter. Therefore, these writ petitions are disposed of directing the first respondent to consider the case of the petitioners herein also. Till the orders, as above, are passed by the Government, the petitioners shall be continued to be treated as regularized workers and they shall be paid their emoluments accordingly ignoring any order to the contrary passed in the matter.

The writ petitions are disposed of, so also the pending applications, if any.