IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP-T No. 2618 of 2008 Date of decision: 21.05.2009 Parwahi Devi … Petitioner Versus State of H.P. & Ors. … Respondents Coram : The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the Petitioner: Mr. Sanjeev Bhushan, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. R.M. Bisht and Mr. Rajesh Mandhotra, Deputy Advocate Generals, for respondents No. 1 to 3. Mr. Anil Chauhan vice Mr. Yash Chauhan, Advocate, for respondent No. 5. Per Deepak Gupta, J. (Oral): The grievance of the petitioner is that she was offered appointment as Part Time Water Carrier on compassionate grounds under Clause-12 of the Part Time Water Carrier Scheme. An agreement in this behalf was also entered into between her and the Pradhan of the Gram Panchayat. However, the respondent No. 5, headmaster of the Government Primary School, Lower Bhattu, where she was offered appointment, did not permit her to join. The stand of respondent No. 5 is that initially the petitioner approached him on 25.10.2007. Since the model code of conduct was in operation, he sent letter of appointment to the department and directed the petitioner to come back after the model code of conduct 1Whether reporters of Local Papers may be allowed to see the judgment? 2 ceases to operate. After the elections were over and the model code of conduct was not in force, the petitioner admittedly again approached to respondent No. 5 on 1.1.2008. Respondent No. 5 now insisted that the petitioner should obtain a fresh letter of appointment. This action of respondent No. 5 was totally illegal, to say the least. He had already received a letter of appointment, which he had sent to the Department. He, therefore, was aware that the petitioner had been appointed as a Part Time Water Carrier in Government Primary School Lower Bhattu. He was also aware that an agreement in this behalf had been entered into between the petitioner and the Pradhan of the Gram Panchayat. He could not have insisted that the petitioner should get another letter of appointment. The learned Tribunal, where the Original Application was originally filed, had directed that a post of Part Time Water Carrier in Government Primary School, Lower Bhattu, shall not be filled up. Since the post is lying vacant, we direct that the present Headmaster of the Government Primary School, Lower Bhattu, Tehsil Baijnath, District Kangra, H.P., shall accept the joining report of the petitioner. The petitioner is directed to approach the said official with a copy of this judgment within a period of six weeks from today. The writ petition stands allowed in the aforesaid terms. In view of the final disposal of the main writ petition, all the pending application(s), if any, shall also stand disposed of. ( Deepak Gupta ), Judge ( V.K. Ahuja ), May 21, 2009 Judge (BSS) 3