IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1380 of 2011. Decided on: March 23, 2011. Krishna Devi …….Petitioner Versus State of H.P. and ors. …….Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Ajay Sharma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy.A.G. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since he is not regularized in service on completion of eight years of service i.e. on 31.3.2007. Apparently, there are two reasons (i) the petitioner does not have the qualification of passing the 5th standard and (ii) as rightly pointed out by the learned Deputy Advocate General, regularization is not automatic, it would depend on the availability of the vacancy. But, according to the petitioner, regularization is not granted only on account of the fact that the petitioner has not passed the 5th standard. In several cases, this Court has directed the Government to invoke its power of relaxation taking into consideration the fact that the post is Beldar and in which 2 post, admittedly the incumbent has worked for long years. Therefore, this writ petition is disposed of, as follows:- There will be a direction to the first respondent to consider the case of the writ petitioner for relaxation of the qualification of passing 5th standard for regularization as Beldar. This shall be done within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner before the first respondent. Thereafter, the 3rd respondent shall take appropriate action for regularization of the petitioner in service subject to the availability of vacancy at the relevant time within another one month. (Justice Kurian Joseph), Chief Justice 23rd March, 2011 (Justice V.K. Ahuja), (BSS/pankaj) Judge.