IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 11949 of 2008. Decided on: 6.1.2011. ___________________________________________________________ Shri Lachi Ram. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Y.P.S. Dhaulta, Advocate. For respondents No. 1 & 2 : Mr. Anil Jaswal, Dy.A.G. For respondent No.3 : Mr. G.S. Rathore, Advocate. ___________________________________________________________ Justice V.K. Sharma, Judge (Oral). The petition has been filed on the following averments vide paras 6 (i), (ii) and (iii):- (i) That the mother of the applicant namely Smt. Tohoni Devi has donated a land at Gowai under Panchayat Bowat under Chopal, District Shimla, H.P. The land in question was donated to Education Department. (ii) That respondent No.3 was selected for the post of Water Carrier without interview at Govt. Primary School Gowai and has joined in the year 2004. (iii) That as per the policy separate marks are awarded for the cases where land is donated. As such, the applicant was entitled for the same. 2. On the above averments, the petition has been filed on the following prayers vide paras 7 (i) and (ii):- (i) That the appointment of respondent No./3 be quashed and set aside. (ii) That the interview for the Water Carrier be held for Govt. Primary School Gowai by considering the applicant. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 3. In reply on behalf of respondents No. 1 & 2, the following stand has been taken in reply to para 3 of the petition:- “3. That in reply to this para it is submitted that the respondent No.3 has been appointed as Part Time Water Carrier under clause 12 of the policy as framed for the selection/appointment of Part Time Water Carrier in the department of Primary Education and under Rule 12 of the policy framed for the appointment of the Part Time Water Carrier in the Education Department the Govt. has the power to appoint any candidate as Part Time Water Carrier without following the selection process if the candidates are widow, women deserted by their husbands or otherwise destitute, handicapped person and if the candidate falls below the poverty line as defined by the rural development department from time to time. Since as per the information received from the Dy. Director of Primary Education, Shimla the respondent No.3 is handicapped and also belongs to the I.R.D.P. family. Therefore, no wrong and illegality has been committed by the respondent-State by appointing the respondent No.3 as Part Time Water Carrier in G.P.S. Gowai. Hence, the present original application filed by the applicant deserves to be dismissed.” 4. The following averments have been set up by respondent No.3, vide para 2 of the reply:- “That the contents of para 6 (ii) of the Original Application are totally wrong, hence denied as not admitted to be correct. It is denied that the replying respondent has been selected without any interview. It is further submitted here that the replying respondent has been appointed on compassionate grounds under Rule 12 of Govt. of H.P. Education 3 Department notification issued on 27.7.2001. The copy of notification is attached as Annexure R-1. As per notification the Govt. has power to appoint any candidate as Part Time Water Carrier on compassionate grounds without following the selection process if the candidates are widow, or women deserted by their husbands or otherwise destitute handicapped person and if the candidate falls below the poverty line as defined by the Rural Development Department time to time. In the present case the applicant belongs to handicap category and her application was considered under the above said rule and thereafter appointment letter was issued by the respondent. Hence there is no question of illegal appointment. The copy of letter dated 3.2.2004 which was forwarded to Gram Panchayat, Bawat by Deputy Director, Primary Education is enclosed herewith as Annexure R-2 and its translation as Annexure R-2/T whereby he has been directed to appoint replying respondent under Rule 12 of Govt. of H.P. Education Department notification issued on 27.7.2001.” 5. The case of the petitioner is that his mother had donated land to the Education Department for setting up Government Primary School, Gowai, Sub Tehsil, Kupvi, District Shimla. An unauthenticated copy of the gift deed dated 29.8.2002 in this regard has been brought on record as Annexure A-1 along with the rejoinder to the reply filed on behalf of respondents No. 1 & 2. Further, his case is that private respondent No.3 was appointed as Part Time Water Carrier without any advertisement or interview. 6. Per contra, the case of private respondent No.3 is that she was appointed in terms of clause 12 of the “Scheme for the appointment of Part Time Water Carriers for the Schools of Education Department” issued vide notification dated 27.7.2001, Annexure A-1 which is as under:- 4 “12. COMPASSIONATE GROUND APPOINTMENT: The Govt. will have the power to appoint any candidate as part time water carrier on compassionate ground without following the selection process if the candidates are widows, women deserted by their husbands, or otherwise destitute handicapped persons and if the candidates fall below the poverty line as defined by the Rural Development Department time to time.” 7. In the facts and circumstances of the case, the petition is disposed of with a direction that subject to the petitioner making a representation to respondent No.2 along with copy of this judgment within one month from today, the said respondent shall consider the same and take a final decision in the matter within the next two months in accordance with law and justice by exploring the possibility of adjusting the petitioner as part time water carrier in Tehsil Chopal against an existing vacancy after affording an opportunity of being heard to her, if so desired. 8. The petition stands disposed of in the above terms, so also pending application(s), if any. Copy dasti. (V.K. Sharma) Judge. January 6, 2011. (cr)