IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 8481 of 2008 Date of decision: 20.04.2011 ________________________________________________________________ Smt. Jasmati Devi. .....Petitioner. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Sanjeev Bhushan, Advocate. For the respondents: Mr. Anil Jaswal, Dy. AG, for respondents No. 1 and 2. Mr. Surender Sharma, Advocate, Amicus Curaie, for respondent No. 3. V.K. Sharma, J. (Oral). The petition has been filed on the following prayer: “Quash and set-aside the appointment of respondent No. 3 as Water Career.” 2. In reply, respondents No. 1 and 2 have taken the following stand vide paras 3 and 6(iii): “3. That the contents of this para are denied to the extent that impugned order, Annexure A-4 was issued by the Dy. Director of Primary Education, Mandi in an illegal and arbitrary manner. As is evident from the reply herein below, the respondent No. 3 was appointed in accordance with law and as per the orders passed by this Hon'ble Court as well as Hon'ble High Court in O.A. No. 268/98 titled as Nandi Devi V/s State of H.P. and C.W.P. No. 393/2001 respectively. 6(iii) That in reply to this para it is submitted that in compliance to the directions of the Ho'ble Courts, Block Primary Education Officer, Karsog I invited 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... applications for the post of Part Time Water Carrier at Govt. Primacy School, Nehra up to 27.11.2001. The information in this regard was also sent to the Gram Panchayat Banthal where the applicant resides and this was also placed on the notice board of the Govt. Primacy School, Nehra so that the applicant could know about the fresh interview for the post of Part Time Water Carrier at Govt. Primacy School Nehra to be held under the chairmanship of S.D.M. Karsog. Only three applicants were received and detail of the same is given below: Sr. No. Name of the Marks secured applicant & Address 1. Smt. Naddi Devi Wd/o 27 Jai Ram, Vill. Mamail, P.O. Karsog. 2. Smt. Khima Dassi Wd/o 32.5 Begi Ram, Vill. Nehra, P.O Banthal. 3. Smt. Nandi Devi w/o late 34 Mohan Lal Vill. Nehra, P.O. Banthal. The applicant, Smt. Jasmati Devi neither applied for the same nor appeared before the selection committee. In view of the facts and circumstances as detailed herein above the respondent No. 4 was offered appointment as Water Carrier in accordance with the law an the direction of the Hon'ble Courts and as such none of the grounds state in this para has any merit.” 3. Reply on behalf of respondent No. 3 is akin to that of respondents No. 1 and 2. 4. The record reveals that the petitioner is litigating against respondent No. 3 for appointment as Part Time Water Carrier in Government Primary School, Nehra, Tehsil Karsog, District Mandi, since 1998. During this period, the parties had various rounds of litigation before the erstwhile H.P. State Administrative Tribunal (since abolished) and this Court. ...3... Admittedly, respondent No. 3 is working as Part Time Water Carrier in the aforesaid school. 5. In the facts and circumstances of the case, the petition is disposed of with a direction to respondent No. 2 to consider the case of the petitioner for appointment as Part Time Water Carrier against an existing vacancy of Part Time Water Carrier in Tehsil Karsog, District Mandi, in accordance with law within three months from the date of production of copy of this judgment by the petitioner after affording an opportunity of being heard to her, if so desired. In case no such vacancy is available at present, respondent No. 2 shall consider the case of the petitioner for appointment against any future vacancy on priority on preferential basis. 6. In view of the above, the petition stands disposed of, so also pending CMP(s), if any. Copy dasti. (V.K. Sharma) Judge 20th April, 2011 (virender)