Jagdish Kumar & Others vs State Of Himachal Pradesh & Others

7,"Minimum Educational and other

qualifications required for direct

recruit(s):","a) Essential Qualification(s):-

i) Should be Middle pass or its equivalent from a Institute/School

duly recognized by the Government.

b) Desirable Qualification(s)

Knowledge of customs, manners and dialects of Himachal

Pradesh and suitability for appointment in the peculiar conditions

prevailing in the Pradesh.

8-9,…,...

10,"Method(s) of recruitment whether by

direct recruitment or by

promotion/secondment/ transfer and

percentage of post(s) to be filled in by

various methods:","100% by direct recruitment on regular basis or by recruitment on

contract basis/by transfer from amongst Beldar who possess 5

years experience of working with Pump Motors and Electrical

accessories strictly on the basis of seniority/induction from Water

Guards after completion of 12 years of service with 5 years

experience of working with Pump, Motors and Electrical

accessories.

11,"In case of recruitment by

promotion/secondment/ transfer,

grade(s) from which promotion/

secondment/transfer is to be made:","“By Transfer from amongst the Beldar who possess 5 years

experience of working with pump house and electrical

accessories strictly on the basis of seniority

12-14,….,…..

15,"Selection for appointment to the post

by direct recruitment:","Selection for appointment to the post in the case of direct

recruitment shall be made on the basis of merit of written

examination followed by evaluation as specified in APPENDIX-I

appended to these rules.

15-A,"Selection for appointment to the post

by contract appointment:","Notwithstanding anything contained in these rules, contract

appointment to the post will be made subject to the terms and

conditions given below:

…

from the date from which their counter parts or juniors have been recruited, on same terms and conditions with retrospective effect along with all",,

consequential benefits including seniority and monetary benefits, as they have been wrongly denied their right.",,

For aforesaid discussion, it is evident that it is not a case where minimum education qualification is applicable to the petitioners, however, in any",,

case, even if minimum educational qualification is made applicable to the petitioners, then also in the facts and circumstances of present case, in view",,

of pronouncement of the Supreme Court in Bhagwati Prasad’s case, petitioners would be entitled for their appointment to the post of Pump",,

Attendants like other Water Guards, as the Government itself has arrived at conclusion that keeping in view the nature of work performed by Water",,

Guards, their period of working has to be treated as work experience to hold them eligible for having requisite experience to fulfill the eligibility criteria",,

as provided under Recruitment and Promotion Rules, for the posts of Pump Attendant.",,

For aforesaid conclusion, respondents are directed to engage petitioners as Pump Attendants from retrospective dates i.e. the dates from which",,

their counterparts/juniors have been engaged as Pump Attendants and to extend all consequential benefits including seniority and monetary benefits on,,

or before 31st July, 2021. Payments of arrears of emoluments shall be ensured on or before 31st August, 2021.",,

The petition stands disposed of in aforesaid terms.,,