IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 4621 of 2008 (OA No1942 of 1997 Date of decision: 17.6.2010 Sarla Devi ….. Petitioner Vs. State of H.P.& Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Ajay Sharma, Advocate. For the Respondents : Mr. P.K. Sharma, Addl. Advocate General with Mrs. Shubh Mahajan, Deputy Advocate General, for respondents No.1 to 3. Mr. R.S. Gautam, Advocate, for respondent No.4. Kuldip Singh, J(Oral). The petitioner has filed this petition for quashing the appointment of respondent No.4 as part time water carrier with further prayer that respondents No.1 to 3 may be directed to appoint the petitioner in place of respondent No.4 as part time water carrier in Govt. Primary School, Kuthera, Tehsil and District Una. 2. The case of the petitioner is that petitioner had been working as part time water carrier in Govt. Primary School, Kuthera and for this, the petitioner has relied certificate dated 24.12.1996 Annexure A-1. It is the case of the petitioner that since petitioner had been working as part Whether the reporters of the local papers may be allowed to see the Judgment? Yes …2… time water carrier on honorary basis, therefore, as per Policy of the Government she was entitled to get preference for appointment of part time water carrier in the said school. The respondents have denied that the petitioner had worked as part time water carrier in the school on honorary basis. 3. The alternative case of the respondents is that even if, the petitioner had worked as part time water carrier on honorary basis still she is not entitled to get preference on the basis of certificate Annexure-1 dated 24.12.1996 which provides that petitioner had been working as part time water carrier in Govt. Primary School, Kuthera since April, 1996. 4. The learned counsel for respondent No.4 has submitted that as per letter dated 2.1.1997 of Director of Primary Education, Himachal Pradesh only those water carriers who were appointed by Parent Teachers Association on honorary basis prior to 31.3.1996 and continuing to work as such shall be deemed to be appointed as water carrier under the Scheme. This stand of learned counsel for respondent has not been contested by learned counsel for petitioner. 5. In the present case as per Annexure A-1 the petitioner is claiming that she had worked in Govt. Primary School, Kuthera since April, 1996, therefore, in view of letter dated 2.1.1997 the petitioner is not entitled to get the benefit of her part time appointment, if any in Govt. Primary School, Kuthera on honorary basis. There is no merit in the petition which is accordingly dismissed. June 17, 2010 (Kuldip Singh), (sks) Judge.