JUDGMENT Rajiv Sharma, J.-Petitioner has challenged the appointment of respondent No. 4 to the post of Part Time Water Carrier at Government Primary School, Cheyori, P.O. Dogari, Tehsil Sundernagar, District Mandi. Petitioner submitted an application for appointment to the post of Part Time Water Carrier. The case of the petitioner was forwarded by respondent No. 1 to respondents No. 2 and 3 for consideration. She was called upon by respondent No. 3 to supply documents on 7.9.2007. However, instead of considering the candidature of the petitioner, respondent No. 4 was appointed as Part Time Water Carrier at Government Primary School, Cheyori, P.O. Dogari, Tehsil Sundernagar, District Mandi. 2. Mr. Gaurav Sharma, learned counsel for the petitioner has vehemently argued that his client is a widow and respondent No. 4 is only divorcee. He then argued that even as per Clause 12 of the policy, preference is required to be given on the basis of hardship. 3. Mr. R.K. Sharma, learned Senior Additional Advocate General and Mr. Sunil Goel, learned counsel for respondent No. 4 have supported the appointment of respondent No. 4 as Part Time Water Carrier. 4. I have heard the learned counsel for the parties and gone through the pleadings carefully. 5. Petitioner’s husband expired on 2.7.1997. She has two children. The Gram Panchayat, Dhanyara has issued certificate to the effect that petitioner is a widow. Her income is less than Rs.7000/- per annum as per Annexure A-2. No member from her family is employed in Government/Semi Government Organization. Respondent No. 4 is divorcee. Respondents No. 1 to 3 were required to take into consideration the hardship faced by the candidates at the time of considering their candidatures. A widow has a prior right vis-à-vis divorcee. Clause 12 of the policy does not give unfettered powers to respondent (State) to make appointment to the post of Part Time Water Carrier without taking into consideration the relevant material. The only ground to deny the appointment to petitioner to the post of part-time Water Carrier is that she has failed to produce IRDP/BPL certificate. Learned counsel appearing on behalf of the parties have failed to point out that such certificate is required under the Scheme. However, fact of the matter is that petitioner being widow, should have been considered for the post of Part Time Water Carrier. She was only granted one week’s time to submit IRDP/BPL certificate.
Learned counsel appearing on behalf of the parties have failed to point out that such certificate is required under the Scheme. However, fact of the matter is that petitioner being widow, should have been considered for the post of Part Time Water Carrier. She was only granted one week’s time to submit IRDP/BPL certificate. This period was too short to be complied with by a widow. She had to go to the concerned Office, make an application and thereafter, certificate was to be issued. 6. Accordingly, in view of the observations made hereinabove, the petition is allowed. The appointment of respondent No. 4 to the post of Part Time Water Carrier at Government Primary School, Cheyori, P.O. Dogari, Tehsil Sundernagar, District Mandi is quashed and set aside. Respondents No. 1 to 3 are directed to consider the case of petitioner for the post of Part Time Water Carrier at Government Primary School, Cheyori, P.O. Dogari, Tehsil Sundernagar, District Mandi within a period of four weeks from today. No costs.