Nardu Devi vs State of H.P and Others

Sanjay Karol, J.—Dassi Devi was appointed as a Part Time Water Carrier in Government Primary School, Bhuin in terms of order dated 02.09.2007 (Annexure A-11). Her appointment was challenged by petitioner Nardu Devi on the ground that Dassi Devi was ineligible for being considered for appointment to the concerned school. According to Nardu Devi, Dassi Devi was eligible to be considered for appointment in a school at Bara Bhuin.

Dassi Devi cannot dispute this factual position. The State in its reply has admitted the factual position and as such, appointment order dated 02.09.2007 (Annexure A-11) needs to be quashed. Ordered accordingly.

It is, however not in dispute that Dassi Devi has been serving as a Part Time Water Carrier at Government Primary School, Bhuin since, 2007. There is no grievance with regard to her performance. It is also clear that there is no misrepresentation/ fraud on her part in submitting her application or seeking appointment as a Part Time Water Carrier. It is also a matter of fact that in fact today there is a vacancy of Part Time Water Carrier at Government Primary School, Bashona (Pipla) which also falls in Gram Panchayat, Bhuin which in fact is the Panchayat of Dassi Devi. Under these circumstances it is open for Dassi Devi to make a representation and apply under Rule 12 of the Scheme. Such application made by Dassi Devi shall be considered by appropriate authorities, taking into account the attending circumstances in her favour, including the fact that she has been successfully working as a Part Time Water Carrier in Government Primary School, Bhuin. Needless to add, her application shall be considered sympathetically and expeditiously and certainly within a period of six months from today. In view of the specific stand taken by respondent-State in Para-7 of the reply, respondent authorities shall take appropriate action accordingly.

In view of aforesaid observations, petition stands disposed of as also pending application, if any.