IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 7875 of 2008 Date of Decision : September 28 , 2011 Jagat Singh Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Tara Singh Chauhan, Advocate. For the respondents : Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Vinod Thakur, Dy. A.G. for respondents No. 1, 2 and 3. Ms. Jyotsna Rewal Dua, Advocate, for respondent No. 4. Justice Sanjay Karol, J. (Oral) Petitioner has prayed for the following reliefs:- “(a) That the order contained in Ann. A-5 may kindly be quashed and set-aside. (b) That the respondents may be directed to release the salary of the applicant from June, 2000 till date. (c) Such other or further orders as may be deemed just and proper may also be passed in the facts of the case while allowing the Original Application. (d) Allow the cost of the petition in favour of the petitioner/applicant.” Whether reports of Local Papers may be allowed to see the judgment? 2 2. Facts are short, simple and cannot be disputed. On 6.2.2000 resolution (Annexure R-4/A) was passed. A meeting of Gram Panchayat Pav Manal was convened for considering the names for appointment to the post of Panchayak Sahayak in the said Gram Panchayat. To me it appears that since there was no unanimity among the members the majority voted in favour of Sh. Attar Singh. 3. This resolution was not acted upon and as such Sh. Attar Singh, approached the District Administration by filing complaints (Annexures R-4/B & R-4/C). Also the Gram Sabha without acting upon or referring to the earlier resolution passed a resolution dated 16.3.2000 (Annexure A-II) in terms of which petitioner Sh. Jagat Singh was offered appointment and he also joined as Gram Sahayak. Subsequently complaints made by Sh. Attar Singh were looked into by the District Administration and in terms of impugned order dated 16.6.2001 (Annexure A-5), appointment of Sh. Jagat Singh was set aside. 4. Independently Sh. Attar Singh filed O.A. No. 1943 of 2001 before the erstwhile H.P. Administrative Tribunal and in terms of order dated 22.4.2002 State/authorities were directed to act upon the resolution dated 6.2.2000 passed in his favour and also allow him to join on the said post. It is not in dispute that this order has attained finality. Sh. Attar Singh has also joined pursuant to the directions issued by the Tribunal. It is not in dispute that since then 3 Sh. Attar Singh has been successfully discharging his duties as Gram Panchayat Sahayak. 5. It cannot be doubted that petitioner was not associated before passing of the impugned order dated 16.6.2001. But then his appointment was based on a resolution which was passed without taking into account and in violation of the earlier resolution. The authorities have considered this aspect of the matter. As such there is no merit in the present petition and the same is accordingly dismissed. (Justice Sanjay Karol), Judge. September 28 , 2011 (PK)