Smt. Malkan Devi vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition has been filed with the following prayer:

That the respondents may very kindly be directed to regularize the services of the applicant as Class IV/Water Carrier w.e.f. due date with all consequential benefits.

In reply, it is stated thus at paragraph 3:

That in reply to this para it is submitted that as per the information received from the District Primary Education Officer, Hamirpur i.e. respondent No. 3 that the applicant was appointed as part time water carrier in government Primary School Dhanotu, Block Sujanpur Tihra vide his letter No. Shiksha-HMR(Pry) E-II(PTWC) 96-97-2883-84 dated 22.7.97, on the recommendation of the Selection Committee and joined her duty as such on 24.7.1997. And a seniority No. 231 was assigned to the applicant. After the selection/appointment of the Part Time Water Carrier in the District Hamirpur, the Deputy Commissioner Hamirpur received complaints regarding the selection/appointment of part time water carrier. On the receipt of the complaints the Deputy Commissioner, Hamirpur conducted the enquiry and during the course of inquiry the applicant was found working before 31.3.96 in GPS Dhanotu, Block Sujanpur and as such her name was recommended by the Deputy Commissioner for appointment as Part Time water carrier in GPS Dhanotu and recommended her name for appointment. On this recommendation the District Primary Education Officer, Hamirpur, issued again appointment letter Annexure A/2 as annexed by the applicant with the present original application in favour of the applicant erroneously as she was already selected by the selection committee. However, as per the information received from the District Primary Education Officer, Hamirpur that the respondent No. 4 Rattan Chand was appointed as part time water carrier in Govt. High School Karot, by the District Education Officer,Hamirpur where he joined his duties as suchon 15.9.1997. It is also further submitted that as per the information received from the respondent No. 3, that the applicant as well as the respondent No. 4, belongs to schedule caste category and a seniority No. 231 and 290 have been assigned to both of them respectively by the District Education Officer, Hamirpur, by whom the promotion from the post of water carrier to the whole time contingency paid employee is made. but the respondent No. 4 Shri Rattan Chand, after the appointment made a representation to the District Education Officer Hamirpur, that he was appointed as part time water carrier by the PTA prior to 31.3.96 and on this representation he was promoted as whole time contingency paid employee by the District Education Officer, Hamirpur vide his letter No. EDN-HMR (E-IV) Pro/2/2000/12220-245 dated 13.6.2000 without re-assigning seniority Nos. But, in this regard, the applicant has made no representation, that she was working as part time water carrier prior to the respondent No. 4 as such her claim for promotion as a whole time was not considered. Now, as per the information received from the Deputy Director Primary Education Hamirpur that the applicant belongs to schedule caste category and her name figured at seniority No. 231 and at present the persons belonging to schedule caste category has been promoted as whole time upto seniority No. 202.

According to the petitioner, her experience also should have been considered. The petitioner may point out this and other surviving grievances before the 3rd respondent within six weeks from today in which case the 3rd respondent/competent authority will look into the matter and take appropriate action in the matter in accordance with law and justice with notice to the petitioner and any other affected party within another four months.

The writ petition stands disposed of, so also the pending application(s), if any.