KANTA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for adjudication of this petition are that the petitioner is a widow and she belongs to I.R.D.P. category. She was interviewed for the post of Part Time Water Carrier in Government Primary School, Batlahu, Block Bijhari, Hamirpur, H.P. The appointment letter was issued lo her on 14.07.1997. However, she was not permitted to join her duties and respondent No. 6 was permitted Jo discharge the duties of Part Time Water Carrier in Government Primary School, Batlahu.

(2.) Mr. Dilip Sharma, learned Counsel for the petitioner has strenuously argued that once the selection process has been commenced as per notification dated 6th July, 1996 and the petitioner has been found suitable by the selection committee, his client was required to be permitted to join her duties. He also contended that services of his client were terminated on 16th December, 1997 without issuing any show-cause notice to her. He also contended that the respondents could not resort to making the appointments in dilution of the notification dated 6th July, 1996. According to him, the selection process had already been commenced and the appointment letter was issued to the petitioner. In these circumstances, the respondent No. 6 could not be permitted to work as Part Time Water Carrier in Government Primary School, Batlahu. He also contended that every citizen has a right to be considered for public appointment and the same must be made on the basis of transparent and fair procedure. In other words, his submission is that no person can be offered public employment without considering the cases of all the eligible candidates and the zone of consideration cannot be restricicd to one candidate. He lastly contended that the appointment of respondent No. 6 is violative of Articles 14 and 16 of the Constitution of India.

(3.) Mr. P.M. Negi, learned Deputy Advocate General has strenuously argued that the appointment of respondent No. 6 is in accordance with law. According to him, the respondent-State has issued instructions on 30.11.1996, 02.01.1997 and on 19.08.1997 (Annexure A-4), whereby the Part Time Water Carriers who have been appointed by the Parent Teachers Association or local Panchayat on honorarium basis prior to 31.03.1996 and continuing to work as such shall be deemed to be appointed as Part Time Water Carriers under the scheme w.e.f. 06.07.1996.