IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 2962 of 2009. Decided on: 02.12.2011. ___________________________________________ Chhanga Ram. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. P.P. Chauhan, Advocate. For the Respondents : Mr. Rajinder Dogra, Additional Advocate General with Mr. Vikas Rathore, Deputy Advocate General for respondents No.1 to 3. Mr. B.C. Negi, Advocate for respondent No.4. Rajiv Sharma, Judge (Oral): Petitioner has assailed the appointment of respondent No.4, Vijaya Kumari to the post of Panchayat Sahayak in Gram Panchayat, Bakani, Block Mehla, District Chamba. Petitioner has earlier also assailed the appointment 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - of respondent No.4 to the post of Panchayat Sahayak by way of O.A.(D) No.280 of 2005. The same was disposed of by the erstwhile learned Himachal Pradesh Administrative Tribunal on 23.5.2006 by relegating the petitioner to avail statutory remedy under Section 148 of the H.P. Panchayati Raj Act, 1994 read with Rule 143 of the Rules framed thereunder. However, the fact of the matter is that the petitioner could have assailed the appointment of respondent No.4 under clause 13 of the Notification, dated 21.5.2005 itself. 2. Consequently, in the interest of justice and the peculiar facts and circumstances of this case, the petition is disposed of and the parties are relegated to get the matter adjudicated upon from the authority constituted under clause 13 of Notification dated 21.5.2005. The competent authority prescribed under clause 13 of the notification shall decide the same within a period of six months from today. Till then respondent No.4 shall be permitted to work as Panchayat Sahayak in Gram Panchayat Bakani, Block Mehla, Tehsil and District Chamba. It is made clear that the competent authority shall decide the matter wholly uninfluenced by limitation. He shall pass a speaking order. The petitioner shall file a petition before the competent authority within a period of three weeks from today and thereafter the respondent(s) shall file reply to the same within a further - 3 - period of three weeks. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. December 02, 2011. (sck).