GANGA RAM Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) MATERIAL facts necessary for adjudication of this petition are that the respondent No.3 initiated the process for filing up the post of Chowkidar in Gram Panchayat Kahnoo vide resolution dated 27.8.2008. Applications were to be received between 1st September, 2008 to 3rd September, 2008. Nineteen candidates including the petitioner submitted applications for considering their candidatures for the post of Chowkidar. The interviews were fixed on 23.10.2008. Seven candidates appeared in the interview. Respondent No.4 was selected and appointed as Chowkidar as per Annexure P -4, dated 24.10.2008 on the basis of resolution Annexure P -5, dated 23.10.2008. He joined his duties on 5.11.2008.

(2.) MR . B.S. Chauhan, learned counsel for the petitioner has strenuously argued that the appointment of respondent No.4 as Chowkidar in Gram Panchayat, Kahnoo is in violation of the mandatory provisions of Section 135 of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the Act -) read with Rule 137 of the Himachal Pradesh Panchayati Raj Rules, 1997 (hereinafter referred to as the Rules -). According to him, the Gram Panchayat, i.e. respondent No.3 has not sought the approval of respondent No.2 while making appointment of respondent No.4 to the post of Chowkidar. Mr. P.M. Negi, learned Deputy Advocate General on the basis of averments contained in the reply submitted that no prior permission has been sought by Gram Panchayat, Kahnoo before the appointment of respondent No.4. Mr. Romesh Verma, learned counsel appearing on behalf of respondent No.4 has supported his appointment on the basis of resolution dated 23.10.2008.

(3.) PETITIONER alongwith respondent No.4 has appeared in the interview on 23.10.2008. Petitioner secured 14 marks and respondent No.4 has secured 16 marks. Gram Panchayat, Kahnoo passed a resolution on 23.10.2008 whereby respondent No.4 was selected. Thereafter it was notified vide Annexure P -4 on 24.10.2008. Respondent No.4 has joined his duties on 5.11.2008. It will be appropriate at this stage to consider Section 135 of the Himachal Pradesh Panchayati Raj Act, 1994 and Rule 137 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997.