SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as Part Time Water Career in Government Primary School, Bastori, Education Block Kullu -II pursuant to the approval accorded by the State Government on 29.08.2007 under Clause -12 of the Scheme framed by the Respondent - State for recruitment in the Schools of Education Department. Respondent No. 3 directed the Respondent No. 4 to issue appointment letter to the Petitioner on 05.10.2007. Respondent No. 4 issued the appointment letter on 08.10.2007, pursuant to which the Petitioner joined his duties as Part Time Water Carrier on 08.10.2007. He also entered into necessary agreement at the time of his appointment. However, the salary was not paid to him. He approached this Court by way of C.W.P. No. 1461 of 2010, seeking directions to the Respondents to pay his salary. This Court disposed of the writ petition on 30.04.2010, by passing the following judgment:

(2.) HOWEVER , surprisingly, the Respondent No. 3 has issued office order dated 23.06.2010, whereby the appointment of the Petitioner made on 05.10.2007 was withdrawn with immediate effect, on the ground that no post of Part Time Water Carrier in Government Primary School, Bastauri was created.

(3.) MR . A.K. Bansal, learned Additional Advocate General has vehemently argued that since no post of Part Time Water Carrier was created in Government Primacy School, Bastori, there is no illegality in the office order dated 23.06.2010, whereby the appointment of the Petitioner was withdrawn.