RAFIQ, J. - (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. Shri Vijay Dutt Sharma, learned Deputy Government Advocate opposed the writ petition and argued that petitioner was given status of semi permanent of Helper on 19/5/1987 but that was effective from 1/4/1985 therefore, even if the petitioner passed the Rashtrabhasha Parichaya Examination in 1987 thereafter from additional subject of English from the Board of Secondary Education Ajmer in 1989, that would make him eligible for confirmed semi-permanent status of Helper. It was argued that petitioner was wrongly given status of semi permanent w. e. f. 1/4/1985 due to lack of information and when this mistake was pointed out, it was immediately corrected. Petitioner can represent his case before the authorities on the basis of qualification which is equivalent qualification to Secondary. Having heard learned counsel for the parties and perused the documents forming part of the record, I find that the fact that petitioner passed Rashtrabhasha Parichaya Examination in 1997 and on that basis passed additional subject of English in 1989 is not in dispute. Further, it is also not controverted that in 1986 itself, the petitioner was given semi permanent status of the post of Helper assuming that he was literate. The respondents are now insisting that since petitioner did not produce any certificate either of Middle class or Secondary pass therefore, it cannot be taken as proved that he was able to read and write Hindi and read and understand the numerical and metric measurements of English. Nothing has been brought on record that at the time when petitioner was initially appointed, the authorities did not specify about the ability of the petitioner to read and write hindi and read and understand the numericals and measurements of english. Nor it has been brought on record that when respondent passed the impugned-order reverting the petitioner from the post of Helper to that of Beldar though in the semi-permanent status, he was subject to any kind of examination. Although, such an examination would have no meaning but at the same time what is required by the rules is not any particular qualification either Middle or Secondary. All that is required that the candidates should be able to read and write Hindi and read and understand the numerical and measurements of English. In the present case, if once the petitioner had been granted the semi permanent status by the respondents themselves vide order dated 19/6/1987, it would have to presume that semi- permanent status was conferred upon him because petitioner was able to read and write Hindi and read and understand the numerical and measurements of English. Nothing to the contrary has been brought on record. Even the respondents have also not provided any opportunity of hearing to the petitioner nor was he served with any notice; otherwise, petitioner would have certainly persuaded them about his ability of reading and writing Hindi and reading and understanding the numerical and measurements of English. The impugned order, in my view, has been passed in arbitrary manner in colourable exercise of powers, thus, it is violative of Articles 14 & 16 of the Constitution of India. The writ petition therefore, deserves to succeed. In the result, the writ petition is allowed. The orders dated 8. 1. 1992 (Annexure 4) and 3. 9. 1991 (Annexure-4a) are quashed and set aside and the order dated 19. 6. 1987 (Annexure-1) and that of 30. 5. 1990 (Annexure-2) are restored. Compliance of the judgment be made within three months from the date of production of certified copy of the judgment. . ;