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Himachal Pradesh High Court · body

2012 DIGILAW 707 (HP)

Satya Bhushan v. State of Himachal Pradesh

2012-10-11

RAJIV SHARMA

body2012
Judgment Rajiv Sharma, Judge: 1. The process for filling up the post of Part Time Water Carrier in Government Primary School, Dhainkwan, Block Indora, Tehsil Nurpur, District Kangra, H.P. was undertaken by respondent No. 3. The petitioner has also submitted an application for considering his candidature to the post in question. He was interviewed alongwith respondent No. 5 on 20.07.2002. The Selection Committee has recommended the name of respondent No. 5 to the post of Part Time Water Carrier in Government Primary School, Dhainkwan, Block Indora, Tehsil Nurpur, District Kangra, H.P. The respondent No. 5 has secured 22 marks and the petitioner has secured 18 marks. The petitioner belongs to I.R.D.P. family. The father of respondent No. 5 was the Ward Member of concerned Gram Panchayat at the time of selection. 2. According to Rule 137 of the H.P. Panchayati Raj (General) Rules, 1997, no person can be employed by a Panchayat, if, he is near relative (father, grand father, father-in-law, maternal or paternal uncle, son, grandson, son-in-law, brother, nephew, brother-in-law, wife, sister, sister’s, husband, mother, daughter, niece, mother-in-law, daughter-in-law and husband) of any of the member. 3. The respondent No. 4 has also categorically admitted in his affidavit that the father of respondent No. 5 was the Ward Member of concerned Gram Panchayat at the time when the appointment of respondent No. 5 was made by the Selection Committee. Thus, the appointment of respondent No. 5 was in contravention of Rule 137 of the H.P. Panchayati Raj (General) Rules, 1997. 4. Accordingly, the writ petition is allowed. The appointment of respondent No. 5 as Part Time Water Carrier in Government Primary School, Dhainkwan, Block Indora, Tehsil Nurpur, District Kangra, H.P. is quashed and set aside. The respondents No. 1 to 3 are directed to offer appointment to the petitioner as Part Time Water Carrier in Government Primary School Dhainkwan, Tehsil Nurpur, District Kangra, H.P., within a period of four weeks from today. The pending application(s), if any, also stands disposed of. No costs.