IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 111 of 2011 Date of Decision:20th September, 2011 Shri Rajpal Appellant Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. For the appellant : Mr. Vishal Panwar, Advocate For the respondents:Mr.R.K.Bawa, Advocate General, with Mr.Ankush D. Sood, Addl. A.G. for respondents No1. and 2. Mr.V.D.Khidta, Advocate, for respondent No.4. Sanjay Karol, J. (Oral) For the post of a Part Time Water Carrier in Government Primary School, Bhompher (Dungyani) Shri Rajpal (present appellant) was appointed. His appointment was challenged by Smt. Savitri Devi (original petitioner) on the ground of his ineligibility for the reason that both of his parents were under employment with the State. 2. In terms of impugned judgment dated 13.12.2010 passed by the learned Single Judge of this Court in CWP (T) No. 8621 of 2008, order of appointment of Shri Rajpal, dated 8.5.2002 stands quashed with the further direction that the entire 2 selection process be redone by considering the petitioner’s case. 3. Record has been perused and returned, from which it is also evidently clear that the case of the original petitioner, being a widow, was in fact recommended by the authorities for appointment under Clause 12 of the Scheme notified on 27.7.2001. Record further reveals that Shri Sunak Ram and Smt. Surto Devi, parents of the appellant Shri Rajpal were in fact under employment with the Forest Department of the State. As such, Shri Rajpal was otherwise ineligible for appointment. 4. Hence, we see no reason to interfere with the impugned judgment. Respondent-State is directed to consider the case of Smt. Savitri Devi for appointment to the post in question, in accordance with law and take all appropriate and consequential action within a period of six weeks from today. Till then interim arrangements, in terms of impugned judgment shall continue. 5. With the aforesaid observations, the appeal is dismissed. Authenticated copy. (Justice Kurian Joseph) Chief Justice 20th September, 2011 (Justice Sanjay Karol) (C) Judge.