GIRDHARI LAL BABERWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner Girdhari Lal Baberwal against the orders dated 8/1/1992 and 3/9/1992 by which, semi permanent status of the petitioner of the post of Helper Grade-II conferred vide order dated 19/6/1987 was changed to that of a Work Charge Beldar with effect from the said date.

(2.) SHRI Pankaj Sharma, learned counsel for the petitioner has assailed the aforesaid order on the premise that Work- Charge Service Rules, 1964 (for short, the "rules of 1964") does not provide any specific qualification or eligibility for appointment / conferment of semi permanent status of the post of Helper Grade-II. The qualification as indicated in Entry 34 of the Schedule appended to the aforesaid Rules of 1964 merely requires that a candidate should be able to read & write Hindi and read & understand the numerical and metric measurements of English. Learned counsel submitted that petitioner has passed out the Rashtrabhasha Parichaya in 1997 which is equivalent to Secondary Education but additionally, he has also appeared in Secondary Education of Rajasthan Ajmer in 1999 in the subject of English as an additional subject. His qualification that he now possessing i. e. the Secondary School certificate of the Board when he was conferred semi permanent status of Helper on 19/6/1987, petitioner was very much satisfied with eligibility criteria and there was no post with the respondents to assume that petitioner was not able to read and write Hindi and read and understand the numerical and metric measurement of English. The impugned-order was passed without any opportunity of hearing to the petitioner inasmuch as, the petitioner was not subjected to any kind of test to ascertain whether or not he was eligible as per requirement of the rules. The impugned is therefore liable to be set-aside.