IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 3629 of 2010. Decided on: 1st July, 2010. Lilu Ram. ….. Petitioner. -Versus- State of Himachal Pradesh and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner. : Mr. R.L. Chaudhary, Advocate. For respondents No. 1 and 2. : Mr. R.K. Sharma, Senior Additional Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): C.M.P. No. 5618 of 2010. Allowed. The application is disposed of. C.W.P. No. 3629 of 2010. The writ petition is filed with the following prayers: “(i) That writ in the nature of certiorari may kindly be issued and Show Cause Notice dated 22.6.2010 may kindly be quashed. (ii) That writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to give relaxation in educational qualification to the petitioner since the same has been given by the 2 respondent department to respondent No. 3 to 8, similarly situated persons. (iii) That writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to give work charged status/regularization to the petitioner as Mason in view of 8 years’ policy of the State Government framed in light of judgment rendered by the Hon’ble High Court of Himachal Pradesh in case titled as Gauri Dutt Vs. State of H.P. since the similarly situated i.e. Respondent No. 3 to 8 have been given work charged status/regularization in the year 2007, 2008 & 2009.” 2. In the nature of the order, we propose to pass in this case, we do not think it necessary to issue notice to respondents No. 3 to 8. According to the petitioner, the relaxation in the educational qualification has already been granted to several similarly situate persons and some of whom have been arrayed on the party as respondents No. 3 to 8. If similarly situated workmen have been granted relaxation, the petitioner cannot be discriminated. Annexure P-3 is solely a show cause notice. Petitioner may submit his reply incorporating the instances wherein similarly situated persons have been granted relaxation. It is made clear that the second respondent shall consider the matter on merits, adverting also to the submissions made by the petitioner that several other similarly situated persons have been granted relaxation. Only after adverting to the above, any further proceedings in the matter shall be taken. Petitioner shall produce a copy of the judgment alongwith copy of the writ petition before the second respondent. 3 3. The petition stands disposed of, so as the pending application(s), if any. Copy dasti, on usual terms. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 1st July, 2010 (bhupender)