Rachna Devi vs State Of Himachal Pradesh And Others

Mohammad Rafiq, CJ

This Execution Petition has been filed seeking implementation of order of this Court dated 06.03.2012, whereby, while disposing of the writ petition filed by the Writ Petitioner, Rachna Devi, declining to make appointment of respondent No.4 therein, this Court directed the respondents -State to appoint the petitioner as Assistant Librarian in the next arising vacancy against the quota available for physically challenged persons.

The respondents have filed reply to the Execution Petition by contending that cadre in question was declared as dying cadre, even then respondents-State offered appointment to the petitioner on the post of Junior Office Assistant (Library), which carries the pay scale of Rs.5900-20200+1900 (GP) in the Department against the physically handicapped quota under the Recruitment & Promotion Rules of the post of Junior Office Assistant (Library). The roster point of the appointment will be adjusted in due course.

Even though, the learned counsel for the petitioner has sought to argue that the petitioner had to be appointed on the post of Assistant Librarian, we do not find any positive direction in the order of this Court, whereby, the respondents-State were required to appoint the petitioner on that post in the next arising vacancy against the quota for physically challenged persons and undisputedly, no such vacancy became available.

The order of the Court, in our opinion, has been sufficiently complied with and no further action need to be taken in the matter.

The Execution Petition is disposed of accordingly, so also pending miscellaneous application(s), if any.