IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8976/2011-H Decided on:14.12.2011 _____________________________________________ Pingla Devi wife of late Sh. Kahan Singh, resident of village Thiyara, P.O. Pouria, Tehsil Chopal, District Shimla, H.P. …Petitioner. Versus 1. State of H.P. through its Principal Secretary (Education to the Government of H.P. Shimla-2. 2. The Director of Primary/Elementary Education, Shimla, District, Shimla, H.P. 3. Deputy Director of Primary/Elementary Education, Shimla, District Shimla, H.P. 4. The Block Primary/Elementary Education Officer, Nerwa, Tehsil Chopal, District Shimla, H.P. 5. Smt. Raksha Devi wife of late Sh. Surender Singh, r/o village Pandara, P.O. Pauria, Tehsil Chopal, District Shimla, H.P. ….Respondents. Civil writ petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction as this Hon’ble Court may deem fit, just and proper in the facts and circumstances enumerated hereinafter. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 1 Whether reporters of the local papers may be allowed to see the judgment? 2 For the petitioner : Mr. Neel Kamal Sood, Advocate. For the Respondents : Mr. Ankush Sood, Addl. A.G. with Mr. J.K. Verma, Dy. A.G. for respondents No.1 to 4. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Record produced by Ms. Sarvesti has been perused thoroughly and returned to her. 2. Petitioner had submitted an application on 9.8.2010 for appointment as Part Time Water Carrier in Government Primary School, Thiyara. Respondent No.5 had also submitted an application on 18.8.2010. According to the record made available before us, the annual income of the petitioner is ` 10,000/-, whereas the income of respondent No.5, duly verified and counter-signed by the Naib Tehsildar on 4.10.2010 is ` 8,000/-. Petitioner and respondent No.5 are widows. The cases of petitioner and respondent No.5 were duly verified and recommended by the Joint Director (Education). However, the appointment authority taking into consideration all the facts and circumstances of the case decided to offer appointment to respondent No.5 as Part Time Water Carrier, in Government Primary School, Thiyara. 3. There is no illegality in the order whereby respondent No.5 has been appointed as Part Time Water Carrier in Government Primary School, Thiyara. 3 4. Accordingly, the present petition is dismissed. However, in the interest of justice respondents No.1 to 4 are directed to consider the case of the petitioner sympathetically, if the post of Part Time Water Carrier is likely to fall vacant in the vicinity of Government Primary School, Thiyara since she is also a widow and must be finding difficult to make both ends meet with the meagre income of Rs. 10,000/-. Pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 14.12.2011 *awasthi*