ASHA KUMARI Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has assailed the appointment of Respondent No. 5 to the post of Part Time Water Carrier in Government Primary School, Mundah, Tehsil Salooni, District Chamba.

(2.) MATERIAL facts necessary for the adjudication of this petition are that Petitioner is physically challenged to the extent of 70%. She belongs to I.R.D.P. family. She is also a destitute lady. Case of the Petitioner was approved by the State Government under Rule 12 of the norms prescribed by the State Government for filling up the posts of Part Time Water Carriers, as is evident from Annexure A -2 dated 5.4.2005. Thereafter, the Directorate of Primary Education sent the case of Petitioner to Respondent No. 3 on 26.5.2005. The Deputy Director, Primary Education asked the Petitioner to appear before him alongwith necessary documents/testimonials on 30.7.2005. Petitioner submitted the application vide Annexure A - 1 and appeared before the Deputy Director, Primary Education alongwith the requisite documents/testimonials. However, the fact of the matter is that though case of the Petitioner already stood approved by the State Government, Respondent No. 5 was appointed as Part Time Water Carrier in Government Primary School, Mundah on the basis of letter dated 30.7.2005. According to the averments contained in the reply filed by the Respondent - State, Respondent No. 5 has already joined her duties.

(3.) ACCORDING to Mr. Anshul Bansal, learned Additional Advocate General, name of Respondent No. 5 was also approved by the State Government, which led to issuance of Annexure A -7.