Kamlesh vs State of H.P. and Others

V.K. Sharma, J.—The petition has been filed for grant of following substantive relief:

7 (i). That the Respondents No. 1 to 3 be directed to stay the operation of the appointment order and the applicant be appointed against the said post as Water Carrier under the establishment of Respondent No. 3 in the above said school.

In short reply filed on behalf of the official Respondents No. 1 to 3, the following stand has been taken vide para No. 3:

That as per information received from Respondent No. 3, Distt. Primary Education Officer, Shimla, the Respondent No. 4, Sh. Mohan Lal has been appointed as Water Carrier at Govt. Primary School, Bag with the prior approval of the Government of Himachal Pradesh in view of the provisions laid down under clause No. 12 i.e. appointment on compassionate ground of the appointment of Part-Time Water Carrier Scheme. The copy of the same is annexed as Annexure R-1.

The following averments have been set up on behalf of private Respondent No. 4, vide paras 6(a) and 6(g) of the reply:

6(a). The contents of this para of the OA are denied for want of knowledge. The applicant is not belonging to an IRDP family whereas the replying Respondent belongs to an IRDP family duly registered with the competent authority in a family consisting of six members. None of the family members of the replying Respondent including his father Sh. Gurdial Singh is in Govt./Semi-Govt. employment and the replying Respondent belongs to a destitute/below the poverty line family which is entitled for compassionate appointment even without holding formal interview as per the scheme of the Govt. a copy of IRDP certificate is annexed as Annexure R-1. The replying Respondent is middle pass and was perfectly eligible for appointment to the post of part time water carrier and has been thus appointed by the competent authority lawfully.

(g). The contents of this para of the OA are denied. The family of the applicant-replying Respondent originally hails from village Ambri. However, for the last 25 years family of the replying Respondent is settled in village Bag and is also owning property in the said village, a certificate issued by the Patwari Mohal Bag, Tehsil Suni, Distt. Shimla certifying that the replying Respondent has been residing in village Bag for generations and also owns land in the said Mohal is annexed as Annexure R-2 with its English translation. The place of residence of the candidate is relevant and not the original place to which he belongs. In view of this the replying Respondent being a resident of village Bag was perfectly eligible for being appointed in Govt. Primary School, Bag.

In view of the above reply and the admitted fact that private Respondent No. 4 has since been regularized, in case the Petitioner has any grievance surviving with regard to the factual and legal aspect of the matter, it will be open to her to approach Respondent No. 2 along with copy of this judgment within one month from today indicating vacancy position with regard to part time water carrier existing in and around the place of her residence, who shall consider and finally decide the same within another three months after affording an opportunity of being heard to the Petitioner, if so desired.

In view of the above observations, the writ petition is disposed of, so also the pending applications, if any.