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Himachal Pradesh High Court · body

2009 DIGILAW 1140 (HP)

Sheela Devi v. State of H. P.

2009-11-24

R.B.MISRA, RAJIV SHARMA

body2009
JUDGMENT R.B. Misra, A.C.J. and Rajiv Sharma, J. 1. Petitioner has assailed the appointment of respondent No. 6 to the post of part time water carrier made vide letter dated 4.5.2002. The material facts necessary for the adjudication of this petition are that the petitioner is a widow. She has three children. There are three Government Primary Schools, namely, Golcha, Bhont and Rangayan falling under Gram Panchayat Bhont. The village of the petitioner is at a distance of 2 minutes walk from Government Primary School, Golcha, 2 Kms. from Government Primary School, Rangayan and 3 Kms. from Government Primary School, Bhont. She made a representation to the Pradhan, Gram Panchayat, Bhont on 7.1.2002 seeking appointment to the post of part time water carrier in Government Primary School, Rangayan. However, respondent No. 6 was appointed on 4.5.2002 as part time water carrier in Government Primary School, Rangayan. 2. Mr. P.P. Chauhan, learned Counsel for the petitioner has strenuously argued that the candidature of his client was required to be considered even if the appointment was to be made under Rule 12 of the Scheme notified on 27.7.2001. He then contended that his client is more needy vis-a-vis respondent No. 6. 3. Mr. R.K. Sharma, learned Senior Additional Advocate General has argued that the appointment of respondent No. 6 has been made as per Clause 12 of the Scheme. 4. We have heard the learned Counsel for the parties and gone through the pleadings carefully. 5. What emerges from the pleadings, as noticed above, is that the petitioner is also a widow. She has three school going children. Respondent No. 6 is also a widow as per the contents of the reply. The petitioner has submitted an application on 7.1.2002. However, the fact of the matter is that respondent No. 6 was appointed as water carrier on 4.5.2002. We are of the considered view that since the petitioner and respondent No. 6 were widows, their candidature was to be considered and more deserving out of two should have been appointed. Respondents No; 1 to 5 without considering the candidature of the petitioner vis-a-vis respondent No. 6 have offered the post of part time water carrier to respondent No. 6. We do not approve the manner in which the appointments are being made by invoking Rule 12 of the Scheme. Respondents No; 1 to 5 without considering the candidature of the petitioner vis-a-vis respondent No. 6 have offered the post of part time water carrier to respondent No. 6. We do not approve the manner in which the appointments are being made by invoking Rule 12 of the Scheme. We make it clear that henceforth the candidature of all the candidates who are eligible as per Rule 12 are to be considered and their list is to be prepared separately. It is not open to the State Government to pick up a particular candidate and to appoint him/her as water carrier without considering the cases of other candidates. There is a detailed procedure prescribed the manner in which the post is to be filled up. 6. A Division Bench of this Court in CWP No. 393 of 2001 titled Jasmati Devi v. State of H.P. and Ors. decided on 14.8.2001 held as under: The contention of respondent No. 4, is that she also belongs to IRDP category. Moreover, she is a widow. In this view of the matter, it was necessary for the authorities to consider the claim of respondent No. 4 vis-a-vis the petitioner. Since it was not done, the order passed by the Government was not according to law and the Tribunal cannot be said to have committed error of law or of jurisdiction which requires interference by this Court. 7. Accordingly, the writ petition is allowed. The appointment of respondent No. 6 made vide letter dated 4.5.2002 is quashed and set aside. Respondents No. 1 to 5 are directed to redo the entire selection process and to consider the case of the petitioner and similarly situate persons for appontment to the post of water carrier in Government Primary School, Rangayan within a period of 12 weeks from today.