High CourtsSingle Bench(2011) 11 SHI CK 0065

Girdhari Lal vs State of HP and others

High Court Of Himachal Pradesh · Decided on 1 November 2011

HON’BLE JUDGES
Surjit Singh, J
RESULT
Dismissed
CASE NUMBER
CWP No. 1661 of 2008-F

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Judgment

6 paragraphs · 240 words

Surjit Singh, Judge

1.

Notification dated 6.7.1996 has been produced in the Court. The same is taken on record.

2.

Heard and gone through the record.

3.

Petitioner claims that he has been serving as a Part Time Water Carrier, without salary, since May, 1998, when the school was established and that in the year 2008, respondent No.4 appointed respondent No.7 as Part Time Water Carrier, on payment of salary. His plea is that since he had been working for 10 years, without any salary, he should have been considered for appointment, instead of appointing respondent No.7.

4.

Respondents have taken the plea that petitioner was never appointed and, hence, he has no vested right to be considered for appointment. Also, it is stated that respondent No.7 has been appointed on compassionate ground, per clause 12 of Notification dated 6.7.1996, regarding appointment of Part Time Water Carriers.

5.

Clause 12 of the aforesaid Notification says that the Government may appoint widows, deserted women or handicapped persons, without following any procedure for selection. Respondent No.7 is admittedly a handicapped person and she has been appointed on compassionate ground, as per clause 12 of the aforesaid Notification. Petitioner was never appointed as Part Time Water Carrier, though he claims to have been serving as such, without any remuneration. Hence, the present petition is dismissed. Petitioner may make a representation to respondent No.3 for being accommodated in some other school in that area.