IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8635 of 2010 Decided on: 03.01.2011 Kamal Deen …. Petitioner Versus State of H.P. and others … Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr. Yogesh Kumar Chandel vice Mr. Ranjan Sharma, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral): The writ petition is filed with the following prayers:- “(i) That the orders dated 30.10.2010 vide Annexure P-4, withdrawing the regularization of the petitioner as Beldar may kindly be quashed and set-aside. (ii) That the respondents may be directed to reinstate the petitioner in service as a regular Beldar since his joining as such in pursuance to regularization orders dated 9.3.2010 vide Annexure P-1 with all consequential benefits like past seniority and arrears of salary etc. forthwith. (iii) That the letter dated 18.9.2009 vide Anneuxre P-8, denying relaxation in educational qualification, when given to others in the past vide Annexure P-7, may kindly be held as illegal, discriminatory and may be quashed and set-aside forthwith. 2 2. It is a case where a daily wager, who has been working since 1994, has been regularized in service and later, the regularization was withdrawn only on the ground that he has not passed Primary. In several cases, this Court has made it clear that though the Recruitment & Promotion Rules require the qualification of passing Primary for regular appointment as Beldar, the rules also contain a provision for relaxation in appropriate cases. That power of relaxation is in terms of equity and justice. A daily wager having satisfactorily worked for over 17 years as Beldar and the qualification having not been insisted at that time, it would be unreasonable, if not unfair, to insist for qualification at the time of regularization. This Court has hence directed the Government to look into the matter for invoking the power of relaxation. In view of the above consensus, the impugned order herein is quashed. The Government will consider the case of the petitioner afresh without discriminating him. 3. With the above direction, the writ petition is disposed of, so also the pending application(s)(, if any. Copy dasti. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja ), January 03, 2011 Judge (BSS/Tilak)