CWP(T) No.7863 of 2008 3.3.2011 Present: Ms. Snita Sharma, Advocate for the petitioner. Mr. R. M. Bisht, Dy. A.G. with Mr. Vinod Thakur, Dy. A.G. for respondents. It is not in dispute that the appeal assailing the judgment passed by the Court of learned Sessions Judge, Shimla in a criminal case arising out of the alleged offence committed by the petitioner under Section 302, IPC is pending before this Court. 2. This petition was filed in the year 2001. Petitioner was working as part time water carrier in Government Primary School, Bagori, Tehsil Kotkhai, District Shimla, H. P. Due to the pendency of the criminal proceedings/action her services were terminated in the month of May, 1999 (Annexure A-3). Pendency of the appeal, in the event of petitioner being acquitted, cannot come in her way of re-engagement keeping in view the decision taken by the Division Bench of this Court in Surinder Kumar versus State of H. P. and another, 1985 (3) SLR 254. 3. As prayed for, present petition is disposed of with liberty to the petitioner to approach the respondents for appointment as part time water carrier in the concerned school of the Panchayat subject to availability of vacancy. The decision shall be taken in accordance with law. With these observations, petition stands disposed of. ( Sanjay Karol) Judge March 3, 2011. (jai)