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3h. In the impugned communication, it was mentioned that the request of the Association for merger of certain posts i.e., to redesignate the posts of the Ground Water Wing as Work Inspector Grade I, Work Inspector Grade II, Works Inspector Grade III, by relaxing the relevant adhoc rules, was examined in detail and the same was rejected for the reason that after issuance of orders on the recommendation of the Official Committee and one-man committee in 1998, Government have not entertained any request for revision of scale of pay / redesignation / merger of posts / upgradation of posts and accordingly a suitable reply was sent to the Association and the request of the petitioner along with other similarly placed requests made through the Association was examined and rejected.

4f. The general principle of the service rules that persons holding the qualification prescribed to a post shall only be appointed to that post. As such, any request for redesignating a post with a corresponding post either with a higher qualification or lower qualification would create a back door entry for recruitment and would also violate the general principle of the service rules. Hence, the request of petitioner to redesignate the posts of Semi Skilled Workman, Helper Grade-I and Helper Grade-II with that of Work Inspector Grade I and Work Inspector Grade II after issuance of Adhoc Rules for the said posts would be legally untenable and would trigger of a similar request than persons who aspire to hold a post but does not possess the qualification prescribed for the post. Therefore, the benefit or concession of merger or redesignation, if any, after issuance of Adhoc Rules would violate the terms and conditions of the relevant rules and would set a bad precedent.

4g. The qualification acquired by a person determines the suitability of that person to hold a post or not and is the primary basis for selection. This experience may be an added advantage, but is not the key factor for selection. Therefore, the first respondent, vide Lr.No.597528/PCII/98-1 dated 07.11.1981, rejected the request of the Association to redesignate the posts of Semi Skilled Workman and Helpers with that of Work Inspector. Consequent to the orders of the Hon'ble Division Bench of this Court in W.P.No.8940 of 1998 dated 09.10.2001, the first respondent, on 24.09.2002, called for remarks of the fifth respondent on the representation of the Association dated 26.08.2002. Thereafter, a proposal to redesignate only the eligible Semil Skilled Workman, Helper Grade-I and Helper Grade-II to that of Work Inspectors was sent by the fifth respondent to the first respondent vide Lr.No.D1/2204/2002 dated 21.02.2003.

4h. The first respondent, who is the statutory authority for redesignating the posts as per the proposals of the fifth respondent, had examined the proposals on its merit. Finally, the first respondent in his Lr.No.44900/C2/04-10 dated 06.02.2006 had informed the third respondent with a copy to the fifth respondent that after issuance of orders on the recommendations of the Official Committee / One Man Commission 1998, the Government had not entertained any request for revision of scale of pay / redesignation / merger of posts / upgradation of post. Hence, the request for merger of Helper post with that of Work Inspector Grade-I & Work Inspector Grade-II is not feasible for implementation. The precedent case mentioned in the writ petition relates to the orders from Head Mazdoor to Work Inspector Grade-II, but the petitioner has requested to appoint him as Work Inspector Grade-I, for which, Bifurcated Engineering course is also the prescribed requisite qualification. Therefore, any request for redesignating a post with a corresponding post either with a higher qualification or lower qualification would create a back door entry for recruitment and would also violate the general principle of the service rules.