CWP(T) No. 6499 of 2008 30.08.2010 Present: Mr. Rajesh Verma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Deputy Advocate General for respondents No. 1 to 3. The petitioner has prayed for the following reliefs:- “(i) That the entire record pertaining to the case of selection of Gram Panchayat Nehli Dhardi, District Sirmaur, for the post of Assistant Secretary Gram Panchayat be summoned and examined; (ii) That the applicant, who is fully eligible for the post of Assistant Secretary Gram Panchayat and is having higher merit and experience than respondent No. 5 be declared as selected and appointed to the post of Asst. Gram Panchayat Secretary and the appointment of respondent No. 5 made to the said post be declared as null and void and be quashed and set aside in the interest of justice.” 2. There is no dispute that petitioner was initially appointed with the Gram Panchayat and the order of his appointment was revoked for the reason that he happened to the brother of the Pradhan. 3. For filling up the post of Panchayat Sahayak applications were invited on 18.11.1999 by pasting notice on the notice board of the Gram Panchayat, Nehri Dhirda. Four applicants applied and the candidates were selected on merits by following due procedure. With regard to the appointment of respondent Sh. Rajesh Kumar it stands clarified that he belongs to a poor landless family and was appointed as Assistant Secretary only on part-time basis. The said respondent was found to be meritorious. He was living in close proximity of the -2- Panchayat Ghar and was in a position to devote full time. He had also undergone the training programme for the said post. It is not that the said respondent was not otherwise ineligible. The petitioner was not entitled for appointment to the said post. Further, a sum of Rs. 12,400.56p was due from him as arrears. The said amount was due and payable to the Co-operative Society where petitioner was earlier working as a salesman. 4. Hence it cannot be said that any legally enforceable right of the petitioner stands violated. The petition devoid of any merit is dismissed. (Sanjay Karol), Judge. August 30, 2010 (PK)