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2011 DIGILAW 1575 (HP)

Jagmohan v. State of Himachal Pradesh

2011-03-22

V.K.SHARMA

body2011
JUDGMENT V.K. Sharma, Judge The petition has been filed on the following substantive prayers vide para 7 (i) to (iv) : “ (i) That Annexure A-3 being passed against the law and without following the principles of natural justice, may kindly be quashed and set aside. (ii) That directions be issued to the respondents No.1 to 4 to re-engage the applicant back into service as part time water carrier in Govt. Primary School, Dhakwala with immediate effect condoning the break in service and with all consequential benefits including seniority and back wages. (iii) That the service of the respondent No.5 who has been re-engaged back into service by misleading and misrepresenting his case and filing wrong facts on affidavit, may kindly be dispensed with immediately. (iv) That the respondent No.5 may kindly be punished as per law for filing false affidavit before this Hon’ble Court.” 2. In reply on behalf of respondents No.1 to 4 the following stand has been taken vide para 6 (iii) : “ 6 (iii) That in reply to this para it is submitted that the selection of the respondent No.5 has been made as per the Govt. instructions vide letter No. EDN-C-B (2) 7/95 dated 6.7.1996. According to the instructions the part time water carriers appointed before 31.3.1996 by the Parent Teacher Association or local Panchayat on honorarium basis prior to 31.3.1996 & continuing to work as such shall be deemed to be appointed as part time water carrier under the scheme w.e.f. 6.7.1996.” 3. In view of the above reply, in case the petitioner still has any surviving grievance, he shall be free to make a representation along with copy of this judgment to the respondents/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next two months in accordance with law by exploring the possibility to adjust the petitioner against an existing vacancy of Part Time Water Carrier in Sub Division, Nahan, after affording an opportunity of being heard to the petitioner, if so desired. 4. The petition stands disposed of, so also pending CMP (s), if any.