Ravi Lal vs Rajiv Sharma

R.B. Misra, J.—Heard Dr. Lalit K. Sharma, Advocate, for the petitioner and Mr. Rajinder Dogra, Additional Advocate General, for the respondent.

In the present contempt petition, the petitioner has approached this Court for the compliance of the order dated 04.11.2009, passed in CWP(T) No. 963 of 2008. The relevant portion is extracted below:

Mr. Lalit Sharma learned Counsel for the petitioner fairly submits that as per the reply filed by the respondents, the appointment can be offered to the petitioner after the election code of conduct is over.

Consequently, the respondents are directed to offer the appointment to the petitioner immediately after the ensuing election. The petition stands disposed of.

It has been submitted by Mr. Sharma that the order of appointment, in favour of the petitioner, to the post of Part Time Water Carrier was purported to be issued on 28.09.2007 (enclosed as Annexure A-2 to the main writ petition), by the Deputy Director of Elementary Education, where the name of the petitioner was reflected at serial No. 12.

It appears that in Clause 12 of the Notification dated 27.07.2001, issued by the Government of Himachal Pradesh, the criteria for appointment to the post of Part Time Water Carrier on compassionate grounds has been laid in the schools of Education Department. Clause 12 is extracted below:

Compassionate ground Appointment:

The Govt. will have the power to appoint any candidate as part time water carrier on compassionate ground without following the selection process if the candidates are widows, women deserted by their husbands, or otherwise destitute handicapped persons and if the candidates falls below the poverty line as defined by the Rural Development Department from time to time.

As such, the appointment of the petitioner could have been issued subject to fulfilling the conditions of Clause 12 (supra). It has been submitted on behalf of the respondent that the appointment order could be issued subject to submitting of the requisite documents by the petitioner, as required by the department, in view of Clause 12 (supra) of the Notification dated 27.07.2001. It is, therefore, observed that on furnishing the requisite documents within six weeks from presentation of certified copy of this order, the offer of appointment shall be issued by him.

On such assurances, the contempt petition is disposed of.

Copy dasti.