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Himachal Pradesh High Court · body

2012 DIGILAW 725 (HP)

Vinod Kumar v. State of H. P

2012-10-15

RAJIV SHARMA

body2012
Judgment Rajiv Sharma, Judge: 1. The petitioner has assailed the appointment of respondent No. 5 to the post of Part Time Water Carrier in Government Primary School, Khanyol Bagra. Petitioner submitted an application for considering his candidature for the post in question. However, the respondent No. 5 was selected and appointed as Part Time Water Carrier in Government Primary School, Khanyol Bagra. 2. Mr. H.K. Paul, learned counsel for the petitioner has strenuously argued that respondent No. 5 could not be appointed as Part Time Water Carrier under Clause-12 of the Scheme framed on 27.07.2001. According to him, neither the respondent No. 5 is destitute, handicapped person nor he falls below the poverty line. According to him, the eligibility of respondent No. 5 was to be seen as per paragraph No. 20.4.7 of Chapter 20 of the Hand Book on Personnel Matters Vol.-II (Second Edition). He also contended that respondent No. 5 owns more than 18 bighas of land and has also planted 75 apple trees. 3. Mr. Vikas Rathore, learned Deputy Advocate General has submitted that respondent No. 5 has been appointed by invoking Clause-12 of the Scheme. 4. Mr. Ajay Sharma, learned counsel for respondent No. 5 has vehemently argued that his client is destitute handicapped person and is suffering from 40% disability. He also supported the issuance of B.P.L. certificate. According to him, as per Clause-12 of the Scheme, notified on 27.07.2001, the Government has the power to appoint any candidate as Part Time Water Carrier, without following the selection process, if the candidate is widow, women deserted her husband or otherwise destitute handicapped person and if the candidate falls below the poverty line, as defined by the Rural Development Department from time to time. 5. Petitioner has placed on record his medical certificate vide Annexure A-6, according to which, his disability is 46%. The norms for filling up the posts from the category of physically handicapped persons are contained in paragraph No. 20.4.7 of Chapter 20 of the Hand Book on Personnel Matters Vol.-II (Second Edition), which read as under: “20.4.7. 5. Petitioner has placed on record his medical certificate vide Annexure A-6, according to which, his disability is 46%. The norms for filling up the posts from the category of physically handicapped persons are contained in paragraph No. 20.4.7 of Chapter 20 of the Hand Book on Personnel Matters Vol.-II (Second Edition), which read as under: “20.4.7. Physically Handicapped persons The reservation in Class III and IV services (including Lecturers College Cadre Class I) and other concessions for physically handicapped persons is admissible to the following on production of a medical certificate from the Board testifying disability as under:- (1) Blind Blind persons are those who are included in any of the following categories:- (a) Total absence of sight. (b) Visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses. (c) Limitation of the field of vision subtending an angle of 20 degrees of less.” Thus, it is only in those cases where the person is suffering from total absence of sight, visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses and limitation of the field of vision subtending an angle of 20 degrees or less, termed as physically handicapped person. Thus, the petitioner was not covered under paragraph No. 20.4.7 of Chapter 20 of the Hand Book on Personnel Matters Vol.-II (Second Edition). 6. The respondent No. 7 has also filed a detailed reply. According to the reply filed by him, the respondent No. 5 owns 18-2-7 bighas of land and he has two storeyed house having four rooms and has planted 75 apple trees. The respondent No. 5 is resident of Gram Panchayat, Parlog and not Gram Panchayat, Shahot. He has started residing in Gram Panchayat, Parlog since 2000 as per the copies of parivar register. Only those persons should be appointed on compassionate basis who strictly qualify the norms prescribed under Clause-12 of the Scheme. Neither the respondent No. 5 is destitute, handicapped person nor he falls below the poverty line. Thus, his appointment as Part Time Water Carrier in Government Primary School, Khanyol Bagra is illegal. It is made clear that the persons who are to be appointed under the physically handicapped persons, their disability has to be adjudged as per the norms laid down in paragraph No. 20.4.7 of Chapter 20 of the Hand Book on Personnel Matters Vol.-II (Second Edition). 7. It is made clear that the persons who are to be appointed under the physically handicapped persons, their disability has to be adjudged as per the norms laid down in paragraph No. 20.4.7 of Chapter 20 of the Hand Book on Personnel Matters Vol.-II (Second Edition). 7. Accordingly, the writ petition is allowed. The appointment of respondent No. 5 to the post of Part Time Water Carrier in Government Primary School, Khanyol Bagra is quashed and set aside. The respondents No. 1 to 3 are directed to consider the case of petitioner for appointment to the post of Part Time Water Carrier in Government Primary School, Khanyol Bagra, within a period of eight weeks from today. The pending application(s), if any, also stands disposed of. No costs.