PANNA LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) JUSTICE Rajiv Sharma, Judge. Petitioner applied for the post of Part Time Water Carrier in Government Primary School, Saur, Ramshehr Block. He appeared in the interview alongwith other candidates. He was not selected. The Selection Committee selected and appointed one Sh. Mohan Lal. Petitioner challenged the appointment of Sh. Mohan Lal by way of O.A. No. 1924/1996. The same was decided by the learned erstwhile Himachal Administrative Tribunal on 30.4.1998. The operative portion of the order reads thus: "In view of these facts we find that respondent No.5 submitted false information to the Selection Committee on which basis he was selected by the Selection Committee. Accordingly we find that his selection is illegal and we quash the same. In view of the false information given by Mohan Lal respondent No.5 which he has not been able to refute despite opportunity given he is to be disqualified for consideration for post in question and should not be considered. The respondents are directed to consider the rest of the candidates again after satisfying themselves that none in the applicant's family is in Government/Semi Government service and if so giving him necessary marks for the same. The selection process will be completed within two months."

(2.) IN sequel to the directions issued by the learned Tribunal, the selection process was again gone into and the petitioner was selected and offered appointment letter to the post of Part Time Water Carrier on 5.5.1998. He joined his duties on 15.5.1998. He made representation to the competent authority on 7.12.2001 followed by another representation dated 27.2.2002 for counting his seniority from the date of appointment of Sh. Mohan Lal. Thereafter, petitioner filed O.A. No.1407/2002 before the learned Tribunal. The same was disposed of by treating it as representation to the Director, Primary Education on 16.7.2002. The Director, Primary Education rejected the same on 13.8.2002.

(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.