IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.9644 of 2008. Decided on: 14.12.2010. Madan Lal. ……….Petitioner. Versus Deputy Director,Primary Education, H.P. & others. ……….Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner . Mr. D.P.Gupta, Advocate,vice Shri K.D.Shreedhar,Advocate. For the respondents Mr.P.M.Negi, Deputy Advocate No.1 to 3 and 5 &6. General with Mr. R.P.Singh, Assistant Advocate General. For respondent No.4. None. Rajiv Sharma, J. (Oral) The process for filling up the posts of Part Time Water Carrier in as many as 70 Primary Schools was initiated as per Annexure A-1 dated 28.5.2002. The petitioner also submitted application for considering him against the post of Part Time Water Carrier. He was directed to appear for interview on 31.07.2002. He appeared before the duly constituted Selection Committee. Thereafter, his name was recommended by the Selection Committee. The petitioner has not received any appointment letter. 2. The case of the respondents-State, in a nutshell, is that the post of Part-Time Water Carrier was not sanctioned for Government Primary School, Aisha. The plea of the State cannot be accepted that the post was not sanctioned for the Government Primary School, Aisha, in view of Annexure A-1. It is settled law that the decision to fill up the posts should be taken in a fair and just manner [ see (2010) 7 SCC, 678 ]. 1 Whether the reporters of the local papers may be allowed to see the Judgment?. No. 3. Consequently, in view of the discussion made hereinabove and the law laid down by the Hon’ble Supreme Court, there shall be a direction to the respondents to issue appointment letter to the petitioner for the post of Part Time Water Carrier in Government Primary School, Aisha within a period of one month after production of the certified copy of this judgment by the petitioner. The period shall be counted for the purpose of seniority. The petitioner shall not be entitled to back wages. 4. In view of the above discussion, the petition is disposed of, so also the pending application(s), if any. No costs. December 14, 2010. (Rajiv Sharma) (krt) Judge. 2