IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5103 of 2010 Date of decision: 10.3.2011 Smt.Geeta Devi …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Romesh Verma, Advocate. For the Respondents : Mr. Rajesh Mandhora, Deputy Advocate General. Deepak Gupta, J (Oral) Petitioner was engaged as a daily-rated Tailor in the year 1995. She became eligible for regularization, on completion of eight years service, as per Government policy. Her services were not regularized. She made various representations, but to no avail. So, she has filed the present petition, seeking direction for regularization of her services as Tailor. 2. Stand taken by the respondents is that the petitioner does not fulfil the requisite qualification of Whether reporters of the local papers may be allowed to see the judgment? Yes 2 matriculation with ITI Certificate and that Government has rejected the proposal made by the department for relaxing the condition of ITI Certificate and that is why she has not been regularized. 3. I have heard learned counsel for the parties. 4. It is by now well settled that where a person is appointed on daily-wage basis, his qualification for eligibility to the post, to which he is appointed, is to be seen, at the time of his initial engagement as daily-wager and not at the time when his turn comes for regularization, as per policy of the Government. Reference in this behalf may be made to judgment of Hon’ble Supreme Court, in Bhagwati Prasad versus Delhi State Mineral Development Corporation, AIR 1990 SC 371, and judgment dated 23rd April, 2010, delivered by a Single Bench of this Court, in CWP (T) No.3214 of 2008, titled as Sita Ram versus Himachal Pradesh State Electricity Board and another. Facts of the case decided by learned Single Judge of this court were similar to the facts of the present case. 3 In view of the abovestated position, writ petition is allowed and the respondents are directed to consider the case of the petitioner for regularization as Tailor, from the date when she completed eight years of service as daily-wage worker, ignoring the condition of matriculation with ITI Certificate, as prescribed in the Recruitment and Promotion Rules of Pump Operators. No order as to costs. March 10, 2011 ( Deepak Gupta ), PV Judge