The Patna High Court, while allowing a petition filed for quashing the order issued under the signature of respondent No.4, namely, the Engineer-in-Chief, who rejected the representation of the petitioners, held that the petitioners who were working prior to a change of the educational qualification definitely have lesser qualifications but the direction was made to consider their work experience; this shall automatically mean that the Court has relaxed his education qualification.
Brief Facts:
Petitioners nos. 1 to 7 were working on the various posts as daily wagers. The petitioners filed a petition for a direction to pay them an equal salary as well as to regularize their services. The said writ petition was disposed of wherein the State government stated that all the daily wages workers who were engaged prior to 01.08.1985 are going to be regularized. The salary of the petitioners was stopped w.e.f. from April 2013 and it was informed by the respondent authorities to the petitioners that steps were going to be taken to regularize their services and for that purpose, advertisement is going to be circulated to absorb their services in the regular establishment. The petitioners applied in pursuance to the advertisement which was accepted, but later on, their candidature was canceled stating that there is no provision of granting age relaxation to the petitioners.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that at the time of passing the final order, the claim of the petitioners had been rejected on the ground that in the Court’s order, there is no specific direction for relaxation of age, has been made, but there was only relaxation in age and weightage of past working experience has been directed to be considered and as such, the claim of the petitioners have been rejected. Such rejection is bad in law.
Contentions of the Respondents:
The Learned Counsel for the Respondent submitted that there is no scope for grant of any relief to the petitioners. He argued that there are a total of seven petitioners and out of seven, five petitioners have already crossed the age of superannuation and as such, this present case for regularization of the petitioners has become infructuous.
Observations of the Court:
The Court noted that it has been acknowledged by respondent No.4 that the relaxation of age and experience of work has been directed to be considered, but there is no specific direction with regard to relaxation of age and qualification has been made.
The Court observed that consideration of work experience has to be considered meaning thereby the relaxation of education qualification for those persons having experience of working has also been relaxed. Grant of permission considering the working experience automatically covers the relaxation of age because the petitioners who were working prior to a change of the educational qualification definitely have lesser qualifications but direction was made to consider their work experience; this shall automatically mean that the Court has relaxed his education qualification.
The decision of the Court:
The Patna High Court, allowing the petition, held that the order impugned is defective and is required to be sets aside.
Case Title: Ram Pukar Singh v The State of Bihar & Ors.
Coram: Hon’ble Justice Dr. Anshuman
Case no.: Civil Writ Jurisdiction Case No.20508 of 2018
Advocate for the Petitioner: Mr. Ramakant Sharma
Advocate for the Respondents: Mr. Kumar Alok
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